In Re Keith Burnett in Re Shelly Burnett, Debtors, Keith Burnett Shelly Burnett v. Resurgent Capital Services

Keith and Shelly Burnett (the Burnetts) appeal a decision of the Bankruptcy Appellate Panel (BAP), which reversed a bankruptcy court’s disallowance of three claims asserted by Resurgent Capital Services (Resurgent) in the Burnetts’ Chapter 13 bankruptcy case. The BAP held that Resurgent, an assignee creditor, was not required to disclose the amount it paid for three assigned claims in order for the claims to be allowed.

The Burnetts do not appeal that holding, but argue that the BAP should not have reached the issue of whether the consideration paid for the claims is relevant to the allowance of the claims. The Burnetts assert the BAP should instead have held that the bankruptcy court acted within its discretion when it denied Resurgent’s motion to amend its order. They argue also that the BAP improperly decided the case on an inadequate record and, at the very least, should have remanded for further proceedings in the bankruptcy court.

We have jurisdiction pursuant to 28 U.S.C. § 158 (d). However, we do not reach the merits of the Burnetts’ arguments because they have waived all of the issues they raise in this appeal. Therefore, we affirm the BAP’s decision.

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