"Jurisdiction takes absolute priority over all merits questions in a case". The parties to a Sixth Circuit Appeal were hoping that the Court would determine if the absolute priority rule remains in full force for individual Chapter 11 cases. However, the Court determined a different priority...jurisdiction.
The Court joined the Ninth Circuit and three other circuits in determining that a party may appeal under 158(d)(1) because there is final decision confirming the plan or under 158(d)(2) because the court or parties successfully seek certification of a decision refusing to confirm a plan.
As this was not done, the Sixth Circuit determined that it did not have jurisdiction to hear the appeal.
In re Lindsey - 6th Circuit - 8-13-13
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