Bullard v. Blue Hills Bank

**Question presented** When a bankruptcy court refuses to confirm a debtor’s proposed repayment plan, can the debtor appeal that denial right away, or must the debtor first propose a new plan and wait for a final decision before appealing? **Holding** The Supreme Court held that an order denying confirmation of a Chapter 13 repayment plan is **not** a “final” order that can be appealed immediately. The debtor must first submit a new plan; only a final order that ends the case (either confirming a plan or dismissing the bankruptcy) is immediately appealable. **Why the Court reached that result** 1. **What “final” means in bankruptcy** – The Court explained that Congress allows immediate appeals only for orders that “finally dispose of a discrete dispute” within the larger case. A denial of confirmation does not end the bankruptcy case; it simply tells the debtor to try again. The case continues until a plan is finally confirmed or the entire case is dismissed. 2. **Policy considerations** – Allowing instant appeals of every denial would slow the process and create many unnecessary appeals, because most denials are just a step in the plan‑approval process. Requiring the debtor to propose a revised plan first encourages parties to work out a workable plan without court‑room delays. 3. **Statutory clues** – The Bankruptcy Code lists “confirmations of plans” as a final act, but it does **not** list denials, reinforcing the view that only a confirmation (or dismissal) changes the parties’ rights in a lasting way. Because the order denying confirmation leaves the case open for further plan submissions, it is considered **interlocutory** (a temporary decision), and the proper avenue for review is the limited “interlocutory appeal” process, not an immediate appeal as of right. **Vote** The decision was unanimous: all nine Justices joined Chief Justice Roberts in the opinion. There was no dissent.