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156001P.pdf   08/13/2015  Heritage Bank  v.  Suzette Woodward
   U.S. Court of Appeals Case No:  15-6001
   U.S. Bankruptcy Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Schermer, Author, with Federman, Chief Judge, and Shodeen, 
   Bankruptcy Judge] 
   Bankruptcy Appellate Panel. Denial of the confirmation of the debtor's 
   Third Amended Plan is not a final order and cannot be the subject of this 
   appeal; the order confirming the debtor's Fifth Amended Chapter 11 Plan is 
   appealable, and the bankruptcy court erred in confirming the Plan; as the 
   holders of an allowed claim and sole members of the impaired class, the 
   Elliot creditors' ratifying vote satisfied Sec. 1129(a)(10); the absolute 
   priority rule still applies in individual Chapter 11 cases to prevent 
   debtors from retaining prepetition property, and the bankruptcy court's 
   confirmation order violated it. Remanded for a new confirmation hearing.