The Supreme Court of the United States announced a decision in one case today:
Bullard v. Blue Hills Bank, No. 14 116: Petitioner Bullard filed for Chapter 13 bankruptcy and submitted a proposed repayment plan to the Bankruptcy Court. The Bankruptcy Court, however, sustained respondent Blue Hills Bank’s objection, and declined to confirm the plan. Bullard was ordered to submit a new plan within 30 days, but instead appealed to the Bankruptcy Appellate Panel of the First Circuit, which determined that the order was not a final immediately appealable decision, but heard the issue on an interlocutory basis and agreed with the Bankruptcy Court on the merits. Bullard then appealed to the First Circuit, which dismissed for lack of jurisdiction, holding it was not an appeal of a final order. Today, the Court affirmed, holding that an order denying confirmation of a repayment plan, but with an opportunity to submit a revised plan, is not a “final” order that the debtor can immediately appeal.
The Court's decision is available here.
The Court granted review today in the following consolidated cases:
FERC v. Electric Power Supply Assoc., No. 14 840; EnerNOC, Inc. v. Electric Power Supply Assoc., No. 14-841: (1) Whether the Federal Energy Regulatory Commission reasonably concluded that it has authority under the Federal Power Act, 16 U.S.C. §791a et seq., to regulate the rules used by operators of wholesale electricity markets to pay for reductions in electricity consumption and to recoup those payments through adjustments to wholesale rates. (2) Whether the Court of Appeals erred in holding that the rule issued by the Federal Energy Regulatory Commission is arbitrary and capricious.