Blixseth v. Eklund (In Re BLX Group, Inc.)

MEMORANDUM

Appellant Timothy L. Blixseth appeals the district court’s order dismissing his appeal of the bankruptcy court’s order confirming the Modified Third Amended Plan of Liquidation (“the Plan”) for the BLX Group, Inc. Bankruptcy Estate (“the Estate”). We affirm the dismissal of the appeal.

(1) An appellant must notice an appeal of a final bankruptcy court order within fourteen days of the order’s entry. Fed. R. Bankr.P. 8002(a). A bankruptcy court order is final where it “(1) ‘finally determines the discrete issue to which it is addressed,’ and (2) ‘resolves and seriously affects substantive rights.’ ” Duckor Spradling & Metzger v. Baum Trust (In re P.R.T.C., Inc.), 177 F.3d 774, 780 (9th Cir.1999) (quoting Elliott v. Four Seasons Props. (In re Frontier Props., Inc.), 979 F.2d 1358, 1363 (9th Cir.1992)). Applying this two-prong test, P.R.T.C. held that an order assigning a debtor’s legal claims against a third party to its largest creditor was “final.” See id. at 776-77, 780.

The August 30, 2011 Assignment Order transferring the Estate’s legal claims against Blixseth to the Yellowstone Club Liquidating Trust (‘YCLT”) was likewise “final.” See id. at 780. That order…