Harris v. Crown Mortgage Co
| Debra Harris |
| Crown Mortgage Co |
| Tom Vaughn |
| 1:2018cv06972 |
| October 17, 2018 |
| US District Court for the Northern District of Illinois |
| Ronald A Guzman |
| Bankruptcy Appeal (801) |
| 28 U.S.C. ยง 0158 |
| None |
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Filing 11
ORDER Signed by the Honorable Ronald A. Guzman on 12/7/2018: Before the Court is debtor/appellant Debra Harris's motion for leave to appeal what she deems to be an interlocutory order of the bankruptcy court in her Chapter 13 proceeding. Harris's amended Chapter 13 plan was confirmed on August 20, 2018. Harris seeks leave to appeal the bankruptcy court's order of October 1, 2018, in which the court denied Harris's motion for sanctions against creditor Crown Mortgage Company ("Crown") and explained that Crown was permitted to pursue foreclosure proceedings with respect to Harris's residence because the automatic stay as to that collateral had terminated prior to plan confirmation. It is unclear why Harris characterizes the bankruptcy court's order as interlocutory. In its response brief, Crown contends that the bankruptcy court's order is a final, appealable order. The Court agrees. While the larger bankruptcy case is still pending (the plan calls for Harris to make plan payments for several years), the controversy between Harris and Crown is over because Harris's plan was confirmed. See Bullard v. Blue Hills Bank, 135 S. Ct. 1686, 1692 (2015) ("Confirmation has preclusive effect, foreclosing relitigation of any issue actually litigated by the parties and any issue necessarily determined by the confirmation order.") (internal punctuation and citation omitted); Germeraad v. Powers, 826 F.3d 962, 965 (7th Cir. 2016) (one way of assessing whether an order in a bankruptcy case is final "is to identify whether the order at issue brought to an end a single 'proceeding' that exists within the larger bankruptcy case"). Accordingly, Harris's motion for leave to appeal the bankruptcy court's order #2 is denied as unnecessary. The briefing schedule on the appeal is as follows: debtor/appellant may file an appeal brief by 1/22/2019; appellee may file a response by 2/21/2019; and debtor/appellant may reply by 3/7/2019. The Court will rule electronically. Mailed notice(is, )
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| Filing 10 RESPONSE by Crown Mortgage Co to MOTION by Appellant Debra Harris for leave to appeal #2 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Bastianen, Peter) |
| Filing 9 ATTORNEY Appearance for Appellee Crown Mortgage Co by Peter C. Bastianen (Bastianen, Peter) |
| Filing 8 MINUTE entry before the Honorable Ronald A. Guzman: On Debtor/Appellant's motion for leave to appeal an interlocutory order #2 , response(s) may be filed by 11/19/2018, and Debtor/Appellant may reply by 12/3/2018. The Court directs the parties to explain in their briefs what remains to be adjudicated in the bankruptcy proceeding. The Court will rule electronically. Mailed notice (is, ) |
| Filing 7 CERTIFICATE of Service by Matthew Carl Baysinger on behalf of Debra Harris regarding bankruptcy appeal #1 (Baysinger, Matthew) |
| Filing 6 ATTORNEY Appearance for Appellant Debra Harris by Matthew Carl Baysinger (Baysinger, Matthew) |
| MAILED Copy of Order dated 10/18/18 to Matthew Baysinger. (gcy, ) |
| Filing 5 MINUTE entry before the Honorable Ronald A. Guzman: Debtor/appellant's motion for leave to file appeal of interlocutory order #2 does not have a certificate of service attached. Debtor/appellant is directed to serve the U.S. Trustee, Chapter 13 Trustee, and Crown Mortgage Company with a copy of her motion for leave to file appeal and to file the certificate of service on the docket. Mailed notice (is, ) |
| Filing 4 MAILED Bankruptcy Appeal letter to Attorney(s)of Record. (gcy, ) |
| Filing 3 SUPPLEMENT to bankruptcy appeal #1 (Attachments: #1 Exhibit, #2 Transmittal Letter)(USBC-Green, ) |
| Filing 2 MOTION by Appellant Debra Harris for leave to appeal (USBC-Green, ) |
| Filing 1 APPEAL from U.S. Bankruptcy Court case number 18 B 16893 (Judge Cox) (Attachments: #1 Civil Cover Sheet, #2 Transmittal Letter, #3 Exhibit, #4 Exhibit, #5 Exhibit)(USBC-Green, ) |
| CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Jeffrey Cole. (acm) |
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