Bullock v. Simon

Dist. Ct. did not err in dismissing as moot debtor’s appeal of Bankruptcy Ct. order that directed debtor to amend his Chapter 13 reorganization plan by requiring that debtor make $15,000 additional payment to unsecured creditors to reflect fact that debtor had failed to include his pending workers’ compensation lawsuit in his Schedule B asset list. Debtor ultimately received $92,000 workers compensation award, and while his appeal before Dist. Ct was still pending, debtor voluntarily amended his reorganization plan by adding $15,000 payment requirement. Moreover, debtor’s Chapter 13 plan was subsequently dismissed where debtor had failed to make $15,000 payment as required by amended plan. Ct. of Appeals rejected debtor’s argument that his appeal was not moot because he had no choice but to file amended reorganization plan, since debtor could have pursued other avenues to preserve his challenge to underlying order that required amendment of reorganization plan. Also, where debtor’s bankruptcy petition had been dismissed, there was no remaining reorganization plan to enforce, and thus Dist. Ct. was free to rely on general rule that bankruptcy petition dismissal results in dismissal of other related proceedings.