Feeling Comfortable Using Legal Jargon In Everyday Life

While I thought that only a Kentucky senator would object to his own legislation, Chapter 11 debtors in the Eighth Circuit must object to their own plan to have person-aggrieved standing for an appeal. In O&S Trucking, Inc. v. Mercedes Benz Financial Services USA (In re O&S Trucking, Inc.), the court affirmed the BAP's dismissal of the appeal for lack of jurisdiction based on standing. Early in the case, the debtor and creditor entered into an agreed adequate protection order. On the debtor's motion under § 506, the bankruptcy court determined the value of the secured claim. In addition to setting the value of the equipment, it included the value of post-petition income from the use of the equipment. The debtor appealed the "secured-status order" which was dismissed for lack of finality.