United States Tenth Circuit

A Bankruptcy Appellate Panel (BAP) decision affirming ruling against plaintiff homeowners who argued that their mortgage holder violated their amended and approved bankruptcy plan is affirmed where: 1) a stipulation and amended plan can be read harmoniously, each addressing a separate debt owed by defendants; and 2) the BAP was correct in concluding that "postpetition default ... was not litigated at the confirmation hearing and was not addressed by the Modified Plan or the Confirmation Order."

Appellate Information

• Decided 04/22/2008
• Published 04/23/2008

Judges

• GORSUCH, Circuit Judge., Before TYMKOVICH and GORSUCH, Circuit Judges, and PARKER, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Ronald Ady, Salt Lake City, UT, for Debtors-Appellants.


• For Appellees:
  
• Stephen B. Watkins (Paul M. Halliday, Jr., with him on the briefs), Halliday & Watkins, P.C., Salt Lake City, UT, for Appellees.