In the Matter of Randy WEBER & Christian Weber, Debtors-Appellants, 25 F.3d 413 (7th Cir. 1994). · Go Syfert
In the Matter of Randy WEBER & Christian Weber, Debtors-Appellants, 25 F.3d 413 (7th Cir. 1994). Cases Citing This Book View Copy Cite
93 citation events (70 in the last 25 years) across 25 distinct courts.
Strongest positive: Vickie L. Goldapske and Ronald A. Goldapske (wieb, 2024-03-06)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Vickie L. Goldapske and Ronald A. Goldapske
Bankr. E.D. Wis. · 2024 · confidence medium
Airadigm Commc’ns, Inc. v. FCC (In re Airadigm Commc’ns, Inc.), 547 F.3d 763, 768 (7th Cir. 2008) (citing In re Weber, 25 F.3d 413, 416 (7th Cir. 1994)). time such that it started earlier (but is no shorter or longer).
discussed Cited as authority (rule) Michael A. Rios and Janelle R. Rios
Bankr. E.D. Wis. · 2023 · confidence medium
In re Sokolik, 635 F.3d 261 , 268 (7th Cir. 2011) (holding that issue not raised in bankruptcy court was waived at district court level “since to find otherwise would permit a litigant simply to bypass the bankruptcy court”); In re Weber, 25 F.3d 413, 416 (7th Cir. 1994) (holding that Seventh Circuit will not hear argument that was not made to bankruptcy court and noting that “to encourage parties to resolve disputes at trial, rather than on appeal, . . . we require them to lay their cards on the table sooner.”).
discussed Cited as authority (rule) Quality Care DayCare at BUP, LLP v. Trustee
D. Maryland · 2023 · confidence medium
Va. Aug. 13, 2013) (finding appellant debtor “waived [her] argument when she did not raise it in front of the Bankruptcy Court”), aff’d, 558 F. App’x 313 (4th Cir. 2014) (unpublished); In re Sokolik, 635 F.3d 261 , 268 (7th Cir. 2011) (“This court has held that when an issue was not raised in the bankruptcy court, a finding that the issue is waived at the district court level is ‘the correct result, since to find otherwise would permit a litigant simply to bypass the bankruptcy court.’”) (quoting In re Weber, 25 F.3d 413, 415 (7th Cir. 1994)).
discussed Cited as authority (rule) Quality Care DayCare at BUP, LLP
Bankr. D. Md. · 2023 · confidence medium
Va. Aug. 13, 2013) (finding appellant debtor “waived [her] argument when she did not raise it in front of the Bankruptcy Court”), aff’d, 558 F. App’x 313 (4th Cir. 2014) (unpublished); In re Sokolik, 635 F.3d 261 , 268 (7th Cir. 2011) (“This court has held that when an issue was not raised in the bankruptcy court, a finding that the issue is waived at the district court level is ‘the correct result, since to find otherwise would permit a litigant simply to bypass the bankruptcy court.’”) (quoting In re Weber, 25 F.3d 413, 415 (7th Cir. 1994)).
discussed Cited as authority (rule) Antonio Terrell and Angel Marie Terrell (2×) also: Cited "see, e.g."
Bankr. E.D. Wis. · 2021 · confidence medium
Still, several other Seventh Circuit cases hold that “[a] bankruptcy court’s interpretation of a plan it confirmed is . . . an interpretation” not of a contract but “of its own order” that “is subject to full deference . . . and may be overturned only if the record shows an abuse of discretion in the interpretation.” Airadigm Commc'ns, Inc. v. FCC (In re Airadigm Commc'ns, Inc.), 547 F.3d 763, 768 (7th Cir. 2008) (emphasis added) (citing In re Weber, 25 F.3d 413, 416 (7th Cir. 1994)); see also Travelers Indem.
discussed Cited as authority (rule) Fidelity and Deposit Company of Maryland v. TRG Venture Two LLC
N.D. Ill. · 2019 · confidence medium
“A bankruptcy court’s interpretation of a plan it confirmed is subject to full deference as an interpretation of its own order and may be overturned only if the record shows an abuse of discretion in the interpretation.” In re Airadigm Commc’ns, Inc., 547 F.3d 763, 768 (7th Cir. 2008) (citing In re Weber, 25 F.3d 413, 416 (7th Cir. 1994)).
discussed Cited as authority (rule) Dooley v. M B Industries L L C
W.D. La. · 2019 · confidence medium
Although an interpretation of a confirmed Chapter 11 plan is a question of law, Iz re Adusory Comm. of Major Funding Corp., 109 F.3d 219, 222 (5th Cir. 1997) (citing Killebrew v. Brewer (In re Killebrew), 888 F.2d 1516, 1519 (5th Cir. 1989)), a bankruptcy court’s interpretation is “entitled to deference,” McGee v. Stumpf (In re O’Connor), 258 F.3d 392, 401 (5th Cir. 2001) (citing In re Weber, 25 F.3d 413, 416 (7th Cir. 1994); In re Terex Corp., 984 F.2d 170, 172 (6th Cir. 1993)).
discussed Cited as authority (rule) Thomas Rusnack v. Cardinal Bank, N.A.
4th Cir. · 2017 · confidence medium
We do so to “encourage parties to resolve disputes at trial,” and so that district courts will not “serve merely as way stations en route to the court of appeals.” Matter of Weber, 25 F.3d 413, 416 (7th Cir. 1994).
cited Cited as authority (rule) Hebenstreit v. Kaur
7th Cir. · 2015 · confidence medium
See In re Sokolik, 635 F.3d 261, 268 (7th Cir.2011); Matter of Weber, 25 F.3d 413, 415 (7th Cir.1994).
cited Cited as authority (rule) Rajwinder Kaur v. Michael Hebenstreit
7th Cir. · 2015 · confidence medium
See In re Sokolik, 635 F.3d 261 , 268 (7th Cir. 2011); Matter of Weber, 25 F.3d 413, 415 (7th Cir. 1994).
discussed Cited as authority (rule) First Marblehead Corp. v. Education Resources Institute, Inc.
D. Mass. · 2011 · confidence medium
The First Circuit has not explicitly addressed the precise standard of deference applicable in these circumstances, but in Monarch Life, it cited cases affording “full deference,” In the Matter of Weber, 25 F.3d 413, 416 (7th Cir.1994) (internal quotation omitted), “substantial deference,” William B.
discussed Cited as authority (rule) Busson-Sokolik v. Milwaukee School of Engineering (In Re Busson-Sokolik)
7th Cir. · 2011 · confidence medium
This court has held that when an issue was not raised in the bankruptcy court, a finding that the issue is waived at the district court level is “the correct result, since to find otherwise would permit a litigant simply to bypass the bankruptcy court.” Matter of Weber, 25 F.3d 413, 415 (7th Cir.1994).
discussed Cited as authority (rule) Busson-Sokolik v. Milwaukee School of Engineering
7th Cir. · 2011 · confidence medium
This court has held that when an issue was not raised in the bankruptcy court, a finding that the issue is waived at the district court level is “the correct result, since to find otherwise would permit a litigant simply to bypass the bankruptcy court.” Matter of Weber, 25 F.3d 413, 415 (7th Cir.1994).
discussed Cited as authority (rule) Baker Hughes Oilfield Operations, Inc. v. Summerline Asset Management, LLC (In Re South Texas Oil Co.)
Bankr. W.D. Tex. · 2010 · confidence medium
Co. v. Bailey , — U.S. -, -, 129 S.Ct. 2195, 2205 (2009) (citing, inter alia, In re Nat’l Gypsum Co., 219 F.3d 478, 484 (5th Cir.2000), for the proposition that "a bankruptcy court's interpretation of its own confirmation order is entitled to substantial deference.”); Stumpf v. McGee (In re O'Connor), 258 F.3d 392, 401 (5th Cir.2001) (citing Matter of Weber, 25 F.3d 413, 416 (7th Cir.1994), which said " '[i]n reviewing a bankruptcy court's interpretation of a confirmed plan, ... the reviewing court should extend to that interpretation the same deference that is otherwise paid to a court�…
cited Cited as authority (rule) Federal Communications Commission v. Airadigm Communications, Inc.
7th Cir. · 2010 · confidence medium
Airadigm II, 547 F.3d at 768 ; Matter of Greenig, 152 F.3d 631, 633 (7th Cir.1998); Matter of Weber, 25 F.3d 413, 416 (7th Cir.1994).
discussed Cited as authority (rule) Travelers Indemnity Co. v. Bailey (2×)
SCOTUS · 2009 · confidence medium
Co. v. Ropes & Gray, 65 F. 3d 973, 983 (CA1 1995); In re Weber, 25 F. 3d 413, 416 (CA7 1994).
discussed Cited as authority (rule) Airadigm Comm Inc v. FCC (2×) also: Cited "see, e.g."
7th Cir. · 2008 · confidence medium
In re Weber, 25 F.3d 413, 416 (7th Cir. 1994).
discussed Cited as authority (rule) In Re UAL Corp.
N.D. Ill. · 2008 · confidence medium
See In re Worldwide, 139 F.3d 574, 582 (7th Cir.1998) (“Arguments not presented to the bankruptcy court are waived on appeal.”); Matter of Weber, 25 F.3d 413, 416 (7th Cir.1994) (“that argument was never presented to the bankruptcy court, and [appellants] have therefore waived it”), CONCLUSION For the reasons stated above, the decision of the bankruptcy court is reversed insofar as the bankruptcy court ruled that Nazir’s post-petition, pre-confirmation employment discrimination claims were not barred by discharge under 11 U.S.C. § 1141 (d).
discussed Cited as authority (rule) Airadigm Communications, Inc. v. Federal Communications Commission (2×) also: Cited "see, e.g."
7th Cir. · 2008 · confidence medium
In re Weber, 25 F.3d 413, 416 (7th Cir.1994).
cited Cited as authority (rule) Federal Communications Commission v. Telephone & Data Systems, Inc. (In Re Airadigm Communications, Inc.)
W.D. Wis. · 2008 · confidence medium
Matter of Weber, 25 F.3d 413, 416 (7th Cir.1994).
discussed Cited as authority (rule) Official Committee of Unsecured Creditors v. Dow Corning Corp. (In Re Dow Corning Corp.) (2×)
6th Cir. · 2006 · confidence medium
Forms, Inc., 341 F.3d 738, 744 (8th Cir.2003) (“[A] bankruptcy court’s interpretation of a confirmed plan should be reviewed under the abuse of discretion standard.”); In re O’Connor, 258 F.3d 392, 401 (5th Cir.2001) (“[The bankruptcy court’s] interpretation is entitled to deference.” (citing In re Weber, 25 F.3d 413, 416 (7th Cir.1994))); In re Weber, 25 F.3d at 416 (reviewing a bankruptcy court’s interpretation of the plan with deference).
discussed Cited as authority (rule) In Re: Dow Corning Corporation, Debtor. Official Committee of Unsecured Creditors, Appellants/cross-Appellees v. Dow Corning Corporation, Appellee/cross-Appellant, Dow Chemical Corporation and Corning Incorporated (2×)
6th Cir. · 2006 · confidence medium
Forms, Inc., 341 F.3d 738, 744 (8th Cir.2003) ("[A] bankruptcy court's interpretation of a confirmed plan should be reviewed under the abuse of discretion standard."); In re O'Connor, 258 F.3d 392 , 401 (5th Cir.2001) ("[The bankruptcy court's] interpretation is entitled to deference." (citing In re Weber, 25 F.3d 413, 416 (7th Cir.1994))); In re Weber, 25 F.3d at 416 (reviewing a bankruptcy court's interpretation of the plan with deference).
discussed Cited as authority (rule) Levine v. Telco Systems, Inc. (In Re World Access, Inc.)
Bankr. N.D. Ill. · 2005 · confidence medium
See Cox v. Zale Delaware, Inc., 239 F.3d 910, 917 (7th Cir.2001); In re Weber, 25 F.3d 413, 416 (7th Cir.1994) (holding that bankruptcy court’s interpretation of its own confirmation order is entitled to the same deference as accorded any court construing its own judgements).
discussed Cited as authority (rule) Siemens Energy & Automation Inc. v. Good
7th Cir. · 2004 · signal: cf. · confidence medium
Cf. In re Matter of Weber, 25 F.3d 413, 416 (7th Cir.1994) (noting that by confirming a plan, a reorganization court passes judgment on the terms of that plan). 2 In essence then, all of the provisions of the plan are “prescribed or allowed” by the confirmation order of the court, thus meeting the prerequisite of Bankruptcy Rule 9006(a).
discussed Cited as authority (rule) In Re: Heartland Steel, Inc.
7th Cir. · 2004 · signal: cf. · confidence medium
Cf. In re Matter of Weber, 25 F.3d 413, 416 (7th Cir.1994) (noting that by confirming a plan, a reorganization court passes judgment on the terms of that plan). 2 In essence then, all of the provisions of the plan are "prescribed or allowed" by the confirmation order of the court, thus meeting the prerequisite of Bankruptcy Rule 9006(a). 18 The conclusions of Ernst and Young and In re Harvey are not necessarily incompatible.
discussed Cited as authority (rule) Linc Capital, Inc. v. Interlink Electronics, Inc. (In Re Linc Capital, Inc.)
Bankr. N.D. Ill. · 2004 · confidence medium
Cox v. Zale Delaware, Inc., 239 F.3d 910, 917 (7th Cir.2001); In re Weber, 25 F.3d 413, 416 (7th Cir.1994) (bankruptcy court’s interpretation of its own confirmation order is entitled to the same deference as accorded any court construing its own judgments).
discussed Cited as authority (rule) Cavanaugh v. Zimmerman (Linc Capital, Inc.)
Bankr. N.D. Ill. · 2004 · confidence medium
See Cox v. Zale Delaware, Inc., 239 F.3d 910, 917 (7th Cir.2001); In re Weber, 25 F.3d 413, 416 (7th Cir.1994) (holding that bankruptcy court’s interpretation of its own confirmation order is entitled to the same deference as accorded any court construing its own judgments).
discussed Cited as authority (rule) Kmart Creditor Trust v. Conaway (In Re Kmart Corp.)
Bankr. E.D. Mich. · 2004 · confidence medium
PwC cites the following cases in support of its contention: In re Newstar Energy of Tex., LLC, 280 B.R. 623, 624 (Bankr.W.D.Mich.2002); In re Williams, 256 B.R. 885, 892 (8th Cir. BAP 2001); In re Kewanee Boiler Corp., 270 B.R. 912, 917 (Bankr.N.D.Ill.2002); In re Weber, 25 F.3d 413, 416 (7th Cir.1994); In re Vincent, 68 B.R. 865, 869 (Bankr.M.D.Tenn.1987); In re Blue Diamond Coal Co., 163 B.R. 798, 809 (Bankr.E.D.Tenn.1994).
discussed Cited as authority (rule) In Re: Dial Business Forms, Inc., Debtor. General Electric Capital Corporation v. Dial Business Forms, Inc. Paul D. Sinclair, as Trustee on Behalf of Class 3 Unsecured Creditors
8th Cir. · 2003 · confidence medium
For this reason, a number of circuits have held that "[i]n reviewing a bankruptcy court's interpretation of a confirmed plan, then, the reviewing court should extend to that interpretation the same deference that is otherwise paid to a court's interpretation of its own order." In re Weber, 25 F.3d 413, 416 (7th Cir.1994); accord In re O'Connor, 258 F.3d 392 , 401 (5th Cir.2001); In re Terex Corp., 984 F.2d 170, 172 (6th Cir.1993); Comm'n of Dep't of Pub.
discussed Cited as authority (rule) General Electric Capital Corp. v. Dial Business Forms, Inc.
8th Cir. · 2003 · confidence medium
For this reason, a number of circuits have held that “[i]n reviewing a bankruptcy court’s interpretation of a confirmed plan, then, the reviewing court should extend to that interpretation the same deference that is otherwise paid to a court’s interpretation of its own order.” In re Weber, 25 F.3d 413, 416 (7th Cir.1994); accord In re O’Connor, 258 F.3d 392, 401 (5th Cir.2001); In re Terex Corp., 984 F.2d 170, 172 (6th Cir.1993); Comm’n of Dep’t of Pub.
discussed Cited as authority (rule) Plato Foufas and Plato Foufas & Co. v. Stanley J. Dru (2×)
7th Cir. · 2003 · confidence medium
United States v. Alshabkhoun, 277 F.3d 930, 933-34 (7th Cir.2002); In re Weber, 25 F.3d 413, 416 (7th Cir.1994); In re Chicago, Rock Island & Pacific R.R., 865 F.2d 807 , 810-11 (7th Cir.1988); United States v. Board of Education of City of Chicago, 717 F.2d 378, 382 (7th Cir.1983); Officers for Justice v. Civil Service Comm’n, 934 F.2d 1092 , 1094 (9th Cir.1991); Brown v. Neeb, 644 F.2d 551 , 558 n. 12 (6th Cir.1981).
discussed Cited as authority (rule) Foufas, Plato v. Dru, Stanley J.
7th Cir. · 2003 · confidence medium
United States v. Alshabkhoun, 277 F.3d 930, 933-34 (7th Cir. 2002); In re Weber, 25 F.3d 413, 416 (7th Cir. 1994); In re Chicago, Rock Island & Pacific R.R., 865 F.2d 807 , 810-11 (7th Cir. 1988); United States v. Board of Education of City of Chicago, 717 F.2d 378, 382 (7th Cir. 1983); Officers for Jus- tice v. Civil Service Comm’n, 934 F.2d 1092 , 1094 (9th Cir. 1991); Brown v. Neeb, 644 F.2d 551 , 558 n. 12 (6th Cir. 1981).
discussed Cited as authority (rule) GE Capital Corp. v. Dial Business Forms
8th Cir. BAP · 2002 · signal: contra · confidence medium
Contra In re Weber, 25 F.3d 413, 416 (7th Cir. 1994)(holding instead that bankruptcy court's interpretation of a confirmed plan should receive deferential review).
discussed Cited as authority (rule) General Electric Capital Corp. v. Dial Business Forms, Inc. (In Re Dial Business Forms, Inc.) (2×)
8th Cir. BAP · 2002 · signal: contra · confidence medium
Contra In re Weber, 25 F.3d 413, 416 (7th Cir.1994)(holding instead that bankruptcy court's interpretation of a confirmed plan should receive deferential review).
cited Cited as authority (rule) Bauer v. Chatterton (In Re Bauer)
W.D. Wis. · 2002 · confidence medium
See In re Bero, 110 F.3d 462, 466 (7th Cir.1997); In re Weber, 25 F.3d 413, 416 (7th Cir.1994); In re Kroner, 953 F.2d 317, 319 (7th Cir.1992).
discussed Cited as authority (rule) In Re Kewanee Boiler Corp.
Bankr. N.D. Ill. · 2002 · confidence medium
Cox v. Zale Delaware, Inc., 239 F.3d 910, 917 (7th Cir.2001); Matter of Weber, 25 F.3d 413, 416 (7th Cir.1994) (bankruptcy court’s interpretation of its own confirmation order is entitled to the same deference as accorded any court construing its own judgments).
examined Cited as authority (rule) Troy Savings Bank v. Travelers Motor Inn, Inc. (3×) also: Cited "see"
N.D.N.Y. · 1997 · confidence medium
See Wade v. Bradford, 39 F.3d 1126, 1130 (10th Cir.1994); In re Weber, 25 F.3d 413, 416 (7th Cir.1994)) In re Hanna, 912 F.2d 945 , 948 (8th Cir.1990).
cited Cited as authority (rule) Smith v. Allison (In Re Forty-Eight Insulations, Inc.)
Bankr. N.D. Ill. · 1997 · confidence medium
In re Weber, 25 F.3d 413, 416 (7th Cir.1994)(such construction is entitled to same deference accorded courts construing their own judgments).
discussed Cited as authority (rule) Monarch Life v. Ropes & Gray
1st Cir. · 1995 · confidence medium
We think customary appellate deference is appropriate in these circumstances with respect to the bankruptcy court's determination that the confirmation order was suffi- ciently broad to confer "incidental" protection to noncontribut- ing parties like Ropes & Gray.12 Similarly, because the bank- ____________________ 12See, e.g., In re Weber, 25 F.3d 413, 416 (7th Cir. 1994) ___ ____ ___________ (noting that bankruptcy court's interpretation of its own confir- mation order is entitled to same deference as generally accorded courts construing their own judgments); William B.
cited Cited as authority (rule) United States v. Merritt (In Re Merritt)
Bankr. S.D. Ill. · 1995 · confidence medium
Matter of Weber, 25 F.3d 413, 415-16 (7th Cir.1994); Matter of Hunter, 970 F.2d 299, 306 (7th Cir.1992).
discussed Cited as authority (rule) Employers Insurance of Wausau, a Mutual Company v. Carol M. Browner, Administrator of the United States Environmental Protection Agency
7th Cir. · 1995 · confidence medium
Martin v. Occupational Safety & Health Review Comm’n, 499 U.S. 144, 150-51 , 111 S.Ct. 1171, 1175-76 , 113 L.Ed.2d 117 (1991); Udall v. Tollman, 380 U.S. 1, 16-17 , 85 S.Ct. 792, 801-02 , 13 L.Ed.2d 616 (1965); In re Weber, 25 F.3d 413, 416 (7th Cir.1994); In re Chicago, Rock Island & Pacific R.R., 865 F.2d 807 , 810-11 (7th Cir.1988).
cited Cited as authority (rule) United States v. Administrative Enterprises, Incorporated, Principal Services, Incorporated, Zion Ventures, Incorporated
7th Cir. · 1995 · confidence medium
This is not the occasion for exploring such doubts or testing the outer limits of the rule (where some fraying is visible, for example in In re Weber, 25 F.3d 413, 416 (7th Cir.1994)).
examined Cited as authority (rule) In Re Linden (3×)
C.D. Ill. · 1994 · confidence medium
The Seventh Circuit in Matter of Weber, 25 F.3d 413, 416 (7th Cir.1994), held that the interpretation of the terms of a plan by a bankruptcy judge, who confirmed the debt- or’s plan, is subject to deferential review and will only be reversed if there has been an abuse of discretion.
discussed Cited as authority (rule) UNR Industries, Inc. v. Bloomington Factory Workers
N.D. Ill. · 1994 · confidence medium
In the Matter of Weber, 25 F.3d 413, 416 (7th Cir.1994). “[F]actual findings and legal conclusions underlying such decisions are evaluated under the clearly erroneous and de novo standards, respectively.” In the Matter of Chicago, Milwaukee, St.
cited Cited as authority (rule) Walter F. Lisek v. Norfolk and Western Railway Company
7th Cir. · 1994 · confidence medium
In re Weber, 25 F.3d 413, 415-16 (7th Cir.1994). 20 .
discussed Cited "see" Triplett
N.D. Ind. · 2021 · signal: see · confidence high
See In re Sokolik, 635 F.3d 261 , 268 (7th Cir. 2011) (“[W]hen an issue was not raised in the bankruptcy court, a finding that the issue is waived at the district court level is ‘the correct result, since to find otherwise would permit a litigant simply to bypass the bankruptcy court.’” (quoting In re Weber, 25 F.3d 413, 415 (7th Cir. 1994)); In re Kroner, 953 F.2d 317 , 319–320 (7th Cir. 1992).
cited Cited "see" In Re UAL Corp.
7th Cir. · 2011 · signal: see · confidence high
See In re Weber, 25 F.3d 413, 416 (7th Cir.1994).
cited Cited "see" Reeves v. Davis
7th Cir. · 2011 · signal: see · confidence high
See Matter of Weber, 25 F.3d 413, 415 (7th Cir.1994) (issues not raised in the bankruptcy court are waived at the district court level).
cited Cited "see" ReGen Capital I, Inc. v. UAL Corp. (In Re UAL Corp.)
7th Cir. · 2011 · signal: see · confidence high
See In re Weber, 25 F.3d 413, 416 (7th Cir.1994).
cited Cited "see" K-Mart Corporation v. Simmons, Wilhemina
7th Cir. · 2004 · signal: see · confidence high
See In re Weber, 25 F.3d 413, 416 (7th Cir. 1994).
Retrieving the full opinion text from the archive…
30 Collier bankr.cas.2d 2068, Bankr. L. Rep. P 75,893 in the Matter of Randy Weber and Christian Weber, Debtors-Appellants
93-2766.
Court of Appeals for the Seventh Circuit.
May 13, 1994.
25 F.3d 413
David A. Rosenthal, Rosenthal, Greives & O’Bryan, Lafayette, IN, for David A. Rosen-thal, trustee., James T. Hodson, Ball, Eggleston, Bum-bleburg & McBride, Lafayette, IN (argued), for Farm Credit Services of Mid-America, ACA., Robin W. Morlock, Asst. U.S. Atty., Dyer, IN, for U.S., acting through Farmers Home Admin., U.S. Dept, of Agriculture., John 0. Worth, Rushville, IN, William L. Schlosser, Schlosser & Schlosser, Indianapolis, IN (argued), for Randy Weber and Christian Weber.
Cudahy, Ripple, Williams.
Cited by 64 opinions  |  Published
CUDAHY, Circuit Judge.

Randy and Christian Weber run a large family farm in northern Indiana. The Web-ers filed for bankruptcy under Chapter 12 of the bankruptcy code on August 10, 1987. “The goal of a chapter 12 ease is the confirmation of a debt adjustment plan.” 5 Collier on Bankruptcy ¶ 1200.01 (15th ed. 1993).

After several objections by creditors and lengthy negotiations, the Webers’ reorganization plan was finally confirmed by the bankruptcy court on September 23, 1988, more than a year after the Webers filed for bankruptcy. The bankruptcy court on that date entered an order confirming the plan.

Once a plan is confirmed, “all property of the estate will vest in the debtor except to the extent that the plan specifically provides otherwise.” Id. A debtor who has completed making payments under the plan is entitled to a discharge from bankruptcy. 11 U.S.C. § 1228(a).

The dispute here involves a disagreement over the interpretation of the confirmed plan. Interpreting this plan presented the bankruptcy court with a perplexing task, perhaps because lengthy negotiations and numerous changes left the plan something of a patchwork.

For example, some of the plan’s language suggests that the disposable income for each of the crop years from 1987 through 1989 is to go to the unsecured creditors on a pro rata basis. But other language implies that the plan itself has already accounted for the commitment of the disposable income from the 1987 crop year, leaving only the disposable income from the 1988 and 1989 crop years for the unsecured creditors. This apparent contradiction proves critical, because, while the farm generated a profit of more than $120,000 in 1987, it lost money in both 1988 and 1989. The losses for those two years totaled over $300,000.

The unsecured creditors thus insist that they are entitled to their pro rata share of the more than $120,000 in profits that the farm generated in 1987, despite the fact that the farm lost money in the other two years. In support of this claim, they point to the language in the plan that says that income “shall be distributed for each crop year subject to review by Trustee to all unsecured creditors.” Because the plan says each year, the creditors maintain that the profits from 1987 should have been distributed to them, rather than offset by the losses sustained in the later years. In addition, in support of their contention that the language calling for pro rata distributions following each crop year includes 1987, they point to other plan language that says that from “remaining funds available from the 1987-1989 crops, unsecured creditors shall receive pro-rata distribution of disposable income.”

But the Webers too can cite to language in the confirmed plan (including some of the very same language on which their creditors rely) to suggest that the plan itself (which was not confirmed until September 1988) already accounted for the distribution of the income earned from the 1987 crop year. Article V of the plan (entitled “Means for Execution of the Plan”) provides that:

There is available approximately Four hundred thousand Dollars. ($400,000.00) for the Spring of 1988, which is held by the Debtors-In-Possession, as well as the Trustee. After all disbursements for the year 1988, there should be remaining approximately thirty-five thousand dollars ($35,000.00) available to the Debtors-In-Possession for the Fall expenses. Certain input creditors in 1987 advanced supplies for the debtors[’] crop. These advances are entitled to reimbursement ... Upon confirmation the sum of $37,500 shall be disbursed and $37,500 shall be disbursed by January 15, 1989. From remaining[*415] funds available from the 1987-1989 crops, unsecured creditors shall receive pro-rata distribution of disposable income.

According to the Webers, then, the $120,-000 in disposable income that was generated from the 1987 crop year was part of the $400,000 that was to be used for the “Spring of 1988.” As such, that money was already spent, and thus not part of what the plan contemplated as the “remaining funds available from the 1987-1989 crops.”

After the term of the plan expired, the Webers filed for a discharge. Their theory was that because their disposable income over the three year period was negative, they owed nothing to their unsecured creditors and were thus entitled to a discharge. But the bankruptcy court — the same court that approved the confirmed plan in the first instance — rejected this argument. “The plan does not contemplate payment of the net disposable income over a total of three years, thus permitting a loss in any one year to offset the profit from another year. Instead, the plan requires payments ‘for each crop year.’ Thus, each year stands alone and must be considered independently. As a result, the debtors are not permitted to offset their income from 1987 with the losses they sustained in 1988 and 1989.” Decision (May 15, 1992) at 4. The bankruptcy court therefore denied the Webers’ petition for a discharge. The district court affirmed this determination, finding that the plan called for a calculation and payment of disposable income “annually rather than cumulative.” Mem. & Ord. (June 7, 1993) at 9.

But neither the bankruptcy court nor the district court addressed what appears to be the Webers’ strongest argument, and the one they press most vigorously here: that even if disposable income is to be calculated annually (rather than cumulatively), the income from the 1987 crop year was already accounted for as part of the $400,000 whose disposition is provided for in the plan. The Webers fault the bankruptcy court as well as the district court for entirely ignoring this plan language.

But the Webers are themselves responsible for the bankruptcy court’s failure to seize on this language, since their brief to that court made only the less compelling argument: that the losses from 1988 and 1989 offset the 1987 profits (despite the plan’s referring to the disposable income from each of the three years). “This question as to disposable income certainly can be simplified in that the observation is whether or not, disposable income should be paid during the three (3) years under the Plan or whether a Court is to determine disposable income on a yearly basis.” Webers’ Post-hearing Brief at 3.

The bankruptcy court answered that question, and it did so adversely to the Webers. On appeal to the district court, the Webers for the first time (and there only in their reply brief) suggested that the 1987 profits were already accounted for in the plan. D.Ct.Reply Br. at 5-7. But the district court apparently refused to permit the Webers to sandbag the bankruptcy court by first advancing their strongest argument on appeal (and then belatedly). While it surely would have been preferable had the district court explained its reasoning, we read the court’s refusal to address the argument at all as an implicit finding that the argument was waived.

That, in any event, is the correct result, since to find otherwise would permit a litigant simply to bypass the bankruptcy court. At oral argument in a case recently heard before another panel of this court, District Judge Will and Circuit Judge Rovner (formerly of the District Court) expressed their dismay with the practice of saving one’s strongest argument for appeal:

JUDGE WILL: They ask us to reverse a district court, on an argument that was never made to the district court. I’m a district judge. I think that’s not fair to us trial judges, to come up here and say reverse us—
JUDGE ROVNER: I used to feel that way.
JUDGE WILL: You don’t anymore? [Laughter.] I don’t think it’s fair to district judges to come to the Court of Appeals and say “reverse him, he’s wrong, but we didn’t tell him why.”

[*416] United States v. Eaglin, No. 93-1561 (argued Nov. 9, 1993).

It is not only a concern for “fairness” to district judges, but also to encourage parties to resolve disputes at trial, rather than on appeal, that we require them to lay their cards on the table sooner. Thus, save for exceptional circumstances, we will not on appeal hear an argument not adequately presented to the district court. The district courts would otherwise serve merely as way stations en route to the court of appeals, and the filtering function of our hierarchical judiciary would be defeated. The same is surely true of arguments not made to bankruptcy judges. While there is perhaps some merit to the contention that 1987’s disposable income was already accounted for in the Confirmed Plan, that argument was never presented to the bankruptcy court, and the Webers have therefore waived it.

This leaves only the question whether the 1987 profits should be offset by the losses sustained in 1988 and 1989. If they are, then at the end of the three-year period the Web-ers’ disposable income is negative, and they thus owe nothing. As such, they would be entitled to a discharge.

The confirmed plan is susceptible to either interpretation, saying at one point that the disposable income “shall be distributed for each crop year,” but at another indicating that from “remaining funds available from the 1987-1989 crops, unsecured creditors shall receive pro-rata distribution of disposable income.”

The bankruptcy court (which issued the order confirming the plan) found that this language required the distribution of disposable income at the end of each year. The district court affirmed, but insisted that its review of the bankruptcy court’s interpretation of the confirmed plan was de novo. Mem. & Ord. (June 7, 1993) at 5. For this proposition, it cited to an Eleventh Circuit case, In re Club Associates, 951 F.2d 1223, 1228-29 (11th Cir.1992), which held that a district court reviews a bankruptcy court’s interpretation of a contract, like other conclusions of law, de novo. Since a confirmed plan is essentially a contract between a debtor and her creditors, the district court reasoned, the bankruptcy court’s interpretation was subject to de novo review.

But this suggestion contradicts our cases holding that a bankruptcy court’s interpretation of a confirmed plan is subject only to deferential review. The confirmation of a reorganization plan is an order of the bankruptcy court. ' In reviewing a bankruptcy court’s interpretation of a confirmed plan, then, the reviewing court should extend to that interpretation the same deference that is otherwise paid to a court’s interpretation of its own order. See generally Matter of Xonics, Inc., 813 F.2d 127, 130 (7th Cir.1987) (“The court’s treatment of its own order— which treats the order as meaning exactly what it says — is entitled to respect.”); Matter of Chicago, Rock Island and Pacific R.R. Co., 865 F.2d 807, 810-11 (7th Cir.1988) (“We shall not reverse a district court’s interpretation of its own order unless the record clearly shows an abuse of discretion. The district court is in the best position to interpret its own orders.”) (citations and internal quotation marks omitted).

We have therefore previously observed that “[b]efore confirmation, a reorganization court must approve the terms of a proposed plan to ensure that they are ‘fair and equitable’ [citation omitted]. Thus when a reorganization court interprets a confirmed plan of reorganization, it interprets words on which it has already passed judgment. Under these circumstances, we believe that full deference to the court’s decision is in order.” Matter of Chicago, Milwaukee, St. Paul & Pacific R.R. Co., 961 F.2d 1260, 1264 (7th Cir.1992).

In any event, In re Club Associates, the Eleventh Circuit case on which the district court relied for the proposition that the bankruptcy court’s determinations were subject to de novo review, holds only that a bankruptcy court’s conclusions of law — including its contractual interpretations — are reviewed de novo. But that case involved an ordinary contract, not a court’s review of a reorganization plan that it had earlier confirmed. As such, our decision today does not create any tension with the Eleventh Circuit’s decision, and in fact another decision of[*417] that same court, observed that it was “reluctant to disturb a bankruptcy court’s judgment interpreting its own earlier order.... We find no error in the present case in the bankruptcy court’s interpretation of the confirmation order as embracing the initial plan.” In re Ranch House of Orange-Brevard, Inc., 773 F.2d 1166, 1168 (11th Cir.1985).

The bankruptcy court here found that the confirmed plan called for the Webers annually to pay their disposable income to the unsecured creditors, and that under the plan the losses for the 1988 and 1989 crop years could not be used to offset the disposable income generated in 1987. Because that is a reasonable interpretation of the confirmed plan — a plan on which the bankruptcy court previously passed judgment — we will not now disturb that conclusion.

The district court’s judgment, affirming the judgment of the bankruptcy court, is therefore Affirmed.