DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
066072P.pdf 08/14/2008 Tenny Shikaro Zahn v. Richard Fink
U.S. Court of Appeals Case No: 06-6072
U.S. Bankruptcy Court for the Western District of Missouri
[PUBLISHED] [Chief Judge Kressel, Author, with Mahoney and
McDonald, Bankruptcy Judges]
Bankruptcy Case - Chapter 13. On remand from the Eight Circuit
holding that debtor had standing to appeal confirmation of second
amended Chapter 13 plan, and considering recent decision, Coop v.
Frederickson, bankruptcy court erred in denying original plan based
solely on the proposed plan length where debtor has no disposable
income. IRA distributions should not be treated as income for
purposes of the means test. Thus, confirmation of second amended
plan is reversed and case is remanded to confirm the original plan.
066072P.pdf 03/20/2007 Tenny Shikaro Zahn v. Richard Fink
U.S. Court of Appeals Case No: 06-6072
U.S. Bankruptcy Court for the Western District of Missouri
[PUBLISHED] [Kressel, Chief Judge, Author, with Mahoney and
McDonald, Bankruptcy Judges]
Bankruptcy Appellate Panel - Chapter 13. Appeal from bankruptcy
court's denial of confirmation plan was interlocutory and debtor
may not appeal subsequent confirmation of amended plan which debtor
proposed because debtor lacks standing. Appeal is dismissed for lack
of jurisdiction. Judge Mahoney and Judge Kressel concur, suggesting
Eighth Circuit revisit issue whether order denying confirmation of
Chapter 13 plan is a final appealable order.