No. 08-6038 (8th Cir. BAP 11/16/09)

Amongst a number of issues raised both properly and improperly on appeal, the Eighth Circuit Bankruptcy Appellate Panel comprised of Judge Schermer, Judge Venters, and Judge Saladino first affirmed the denial of the appellant’s objection to the Case Closing Orders for lack of standing. The BAP reiterated that only an aggrieved person, one who was “directly and adversely affected pecuniarily,” has standing to appeal from a bankruptcy court order and that the appellant could not meet this standard as her claim had already been disallowed. Further, the BAP affirmed the lower court’s denial of the motion for reconsideration of the case closing orders as the prior unsuccessful appeal of her claim had eliminated the cause necessary under §350(b). Finally, the court affirmed the denial of the request to seal the appellant’s In Forma Pauperis application. The court articulated that 107(b)(2) and FRBP 9018 permit a court to seal records upon request if the paper contains “scandalous or defamatory” matters. In this case, the BAP held that appellant’s request could not meet the standard as it related to documents that were filed by the appellant containing only her personal information and had already been public for over a year.