Lindsey v. Pinnacle National Bank et al

Filing 17

ORDER vacating the October 11, 2012 order 10 affirming the bankruptcy court's decision, and the July 31, 2013 order 14 granting the joint motion for certificate of appealability. It is hereby ORDERED that this case be dismissed and the Clerk of the Court is directed to remand this matter to the Eastern District of Tennessee Bankruptcy Court. Signed by District Judge Tena Campbell on September 26, 2013. (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

In re William Edwin Lindsey,
Debtor in Possession.

William Edwin Lindsey,
Appellant,

ORDER

vs.

No. 3:11-cv-00445
(Campbell/Guyton)

Pinnacle National Bank, Mountain National
Bank, and FirstBank,
Appellees.

ORDER
Debtor-in-possession William Edwin Lindsey filed a voluntary petition for relief under
Chapter 11 of the Bankruptcy Code in April 2010. In response to Mr. Lindsey’s reorganization
plan, three of Mr. Lindsey’s impaired creditors filed a motion for summary judgment on the plan,
requesting that the court refuse to confirm the plan because it “violates 11 U.S.C.
§ 1129(b)(2)(B)(ii) (the absolute priority rule) by providing for Debtor’s retention of pre-petition
property.” The bankruptcy court granted the motion for summary judgment, and Mr. Lindsey
appealed that order to this court. This court issued an order affirming the decision of the
bankruptcy court (Dkt. No. 10).

In response, Mr. Lindsey then appealed this court’s order to the United States Court of
Appeals for the Sixth Circuit. The Sixth Circuit held that it lacked subject matter jurisdiction to
hear the appeal, and that this court also lacked such jurisdiction.
Based on the Sixth Circuit’s decision finding that this court lacked subject matter
jurisdiction to hear Mr. Lindsey’s appeal of the bankruptcy court’s refusal to confirm his
reorganization plan, the court VACATES the October 11, 2012 order (Dkt. No. 10) affirming the
bankruptcy court’s decision, and the July 31, 2013 order (Dkt. No. 14) granting the joint motion
for certificate of appealability.
It is hereby ORDERED that this case be dismissed and the Clerk of the Court is directed
to remand this matter to the Eastern District of Tennessee Bankruptcy Court.
SO ORDERED this 26th day of September, 2013.
BY THE COURT:

TENA CAMPBELL
U.S. District Court Judge

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