Wiersma
Wiersma v. Bank of the West
Opinion
Opinion
Ferguson, J.
Debtors Jim and Patricia Wiersma (“Debtors”), former dairy farmers, appeal the decision of the Bankruptcy Appellate Panel (“BAP”) of the Ninth Circuit on issues related to their Chapter 11 bankruptcy case.
Debtors allege error in the BAP’s conclusions that (1) creditor Bank of the West (“Bank”) held a secure interest in Debtors’ settlement proceeds; (2) issues pertaining to court approval of that settlement were moot; (3) the bankruptcy court did not err in denying confirmation of Debtors’ Second Amended Plan for reorganization; and (4) the bankruptcy court acted within its discretion in dismissing Debtors’ bankruptcy case. Bank cross-appeals the BAP’s assertion of jurisdiction over the Secured Status Order, as does the U.S. Trustee. The Trustee also appeals the BAP’s assertion of jurisdiction over the bankruptcy court’s order of February 5, 2003, and urges the court to affirm the BAP’s conclusion that the bankruptcy court did not abuse its discretion in dismissing Debtors’ case.
We reverse the BAP’s holding that it had jurisdiction over the Secured Status Order and, in a separate memorandum disposition, affirm the BAP on all other issues.