In the Matter of Joseph ANDREUCCETTI and Noemi Andreuccetti, Debtors-Appellants

975 F.2d 413, 27 Collier Bankr. Cas. 2d 1157, 1992 U.S. App. LEXIS 22727, 1992 WL 228882
CourtCourt of Appeals for the Seventh Circuit
DecidedSeptember 18, 1992
Docket91-1947
StatusPublished
Cited by132 cases

This text of 975 F.2d 413 (In the Matter of Joseph ANDREUCCETTI and Noemi Andreuccetti, Debtors-Appellants) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Matter of Joseph ANDREUCCETTI and Noemi Andreuccetti, Debtors-Appellants, 975 F.2d 413, 27 Collier Bankr. Cas. 2d 1157, 1992 U.S. App. LEXIS 22727, 1992 WL 228882 (7th Cir. 1992).

Opinion

RIPPLE, Circuit Judge.

Joseph and Noemi Andreuccetti (collectively “the Andreuccettis”) appeal from an order dismissing their appeal from the confirmation of the reorganization plan in their Chapter 11 bankruptcy. The district court dismissed their appeal on alternative grounds, concluding, first, that the Andre-uccettis’ bankruptcy estate was so insolvent that they were without standing to bring the appeal, and second, that the appeal was moot. While we agree with the Andreuccettis that the district court erred in its application of the standing and mootness doctrines, we nonetheless find merit-less their challenges to the reorganization plan. Accordingly, we reverse the judgment of the district court but nevertheless *415 direct it to enter judgment affirming the bankruptcy court.

I

BACKGROUND

A. Facts

In 1982, Mr. Andreuccetti formed a partnership with two other persons to develop a condominium project in Illinois. To finance the project, he borrowed several million dollars from American Heritage Savings and Loan (American Heritage) and appellee First National Bank of Cicero (Cicero). The condominium project was not completed, and in late 1983 and early 1984 the banks filed actions in Illinois state court to foreclose and to enforce the loans against Mr. Andreuccetti. Mr. Andreuccetti counterclaimed against the banks, alleging fraud, conspiracy, and misdirection of loan funds. He sought more than $1.2 million in compensatory damages and more than $3 million in punitive damages. Subsequently, American Heritage became insolvent, and appellee Household Bank, fsb (Household), purchased certain assets and liabilities of American Heritage, including Mr. Andreuccetti’s notes and the state court foreclosure action. Household succeeded American Heritage as a party in the state court litigation.

B. Bankruptcy Court Proceedings

In August 1984, a few months after the foreclosure suits were filed, Cicero filed an involuntary Chapter 7 bankruptcy petition against the Andreuecettis. In 1989, this case was converted into a Chapter 11 reorganization, but the trustee still remained in place. The Consolidated Disclosure Statement filed by the Andreuecettis and the banks indicates that, in the spring of 1990, the Andreuecettis’ total liabilities were estimated at around $3.5 million, approximately $3.25 million of which was owed to Cicero and Household. The statement also indicates that the Andreuecettis had nonexempt real and personal property worth approximately $114,000. Additional assets listed in the statement were the counterclaims pending against the banks. During the course of the bankruptcy proceedings, the trustee sold the condominium property for $1,125 million, and these proceeds were held in an escrow account, subject to further court order. In 1990, the AndreucCet-tis filed á plan for reorganization, and Household and Cicero jointly filed a competing plan. The Andreuecettis’ plan provided for payment of unsecured creditor claims through the recovery, if any, from the state court litigation against the banks. Under the plan, the creditors could receive up to 200 percent of their allowed claims, depending on the results obtained in the litigation. However, they would receive nothing if the lawsuit were unsuccessful. The reorganization plan of the banks was more complex. The most salient features were: (1) the trustee would dismiss all claims against Cicero in the state court litigation, and he would release the punitive damages claim against Household, but the trustee would continue to be able to pursue a claim for compensatory damages against Household; (2) Household would receive the remaining proceeds from the sale of the condominium property; (3) Household would pay, or disburse from the proceeds of the sale, additional administrative claims for compensation to the trustee and his counsel, up to approximately $41,000; and (4) Cicero would contribute assets to the bankruptcy estate, including cash, worth approximately $230,000.

The bankruptcy court ultimately confirmed the banks’ plan, and the record indicates that a portion of it has been implemented. Household has received the remaining proceeds of the sale and, under the plan, the trustee and his counsel have been paid around $41,000 as compensation. The trustee and Household have entered into a covenant not to sue on the punitive damages claim, although the trustee has the right to rescind the agreement if the reorganization plan is reversed on appeal. Likewise, the trustee and Cicero have agreed to dismiss the entire counterclaim against Cicero, although that agreement also allows the trustee to reinstate the claim if the reorganization plan is overturned.

*416 C. District Court Proceedings

The Andreuccettis appealed to the district court, raising several challenges to the confirmation of the plan. In particular they alleged: (1) that the plan did not provide for their exemption rights; (2) that the plan inadequately treated administrative claims, particularly those of their attorneys, in violation of 11 U.S.C. §§ 1123 and 1129(a)(9); (3) that the banks did not propose the plan in good faith, in violation of 11 U.S.C. § 1129(a)(3); (4) that the plan impaired their rights in the state court lawsuits without giving them an opportunity to approve it, in violation of 11 U.S.C, § 1129(a)(8); and (5) that the bankruptcy court did not adequately evaluate the propriety of settling the state court law suits. In response, Household filed a motion to dismiss, arguing that the Andreuccettis had no interest in the appeal that would provide them standing to pursue it and, alternatively, that the appeal was moot.

The district court agreed with Household and dismissed the appeal in a short opinion. In re Andreuccetti, 127 B.R. 185 (N.D.Ill.1991). The court declined to reach the merits of the Andreuccettis’ arguments, concluding instead that the Andreuccettis were “not sufficiently affected by the confirmation of the reorganization plan to bring this appeal,” because the amount of debt was so great that they stood no realistic chance of emerging from bankruptcy with surplus assets. Id. at 186. In addition, the court determined that the Andreuccettis lacked standing to pursue arguments related to the administrative claims of their attorneys. Id. As an alternative ground for dismissal, the court held that “several factors suggest that the appeal should be considered moot.” Id. The factors that the court cited in support of mootness were that “[significant steps have been taken since entry of the confirmation order to implement the reorganization plan,” id., and that approximately seven years had passed since the time of filing and the confirmation of the reorganization plan, id. at 186-87.

II

ANALYSIS

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975 F.2d 413, 27 Collier Bankr. Cas. 2d 1157, 1992 U.S. App. LEXIS 22727, 1992 WL 228882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-joseph-andreuccetti-and-noemi-andreuccetti-ca7-1992.