(S.D. Ind. Sep. 29, 2014)
The district court denies the debtors’ motions to dismiss the appeal. The doctor appealed the confirmation of the two confirmed chapter 11 plans, arguing equity distributions to four doctors were not compliant with certain federal healthcare laws. The debtors moved to dismiss the appeal based on substantial consummation of the plans. The court found that the plans had indeed been substantially consummated, but the appeal, if successful, would only affect the insider distributions and would not likely have any effect on third parties’ rights under the plan. Thus, the appeal can proceed. Opinion below.