United States Ninth Circuit

In a Chapter 11 bankruptcy matter in which debtors, former dairy farmers, appealed a decision of the Bankruptcy Appellate Panel (BAP), the BAP's holding that it had jurisdiction to review a Secured Status Order is reversed where: 1) the BAP no longer retained jurisdiction over the appeal of the Secured Status Order after it dismissed the appeal for failure to prosecute; 2) the doctrines of mistake and unique circumstances did not justify the BAP's reassertion of jurisdiction; and 3) the law of the case doctrine also precluded the BAP from revisiting the order.

Appellate Information

• Argued 11/14/2006
• Decided 04/06/2007
• Published 04/06/2007

Judges

• FERGUSON, Circuit Judge:, Before: FERGUSON, O'SCANNLAIN, and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Brent T. Robinson, Ling, Robinson, & Walker, Rupert, ID, for the debtors-appellants/cross-appellees., Kelly Greene McConnell, Givens Pursley LLP, Boise, ID, for the appellee/cross-appellant., Michele M. Mansfield and Knight Elsberry, United States Department of Justice, Executive Office for the United States Trustee, Washington, D.C., for the appellee.