STATEMENT OF ISSUES AND DESIGNATION OF RECORD

Page 1

Emilie K. Edling, OSB #035931 

E-mail: eedling@houser-law.com 

HOUSER & ALLISON, APC 

9600 SW Oak St., Suite 570 

Portland, OR 97223 

Telephone: (503) 914-1382 

Facsimile: (503) 914-1383 

Attorney for Federal National Mortgage 

Association 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

In re 

Joseph George Meeko IV 

Carmen F. Meeko, 

 Debtors. 

Federal National Mortgage Association, 

Appellant 

v. 

Joseph George Meeko, IV; Carmen F. 

Meeko; and Meritage Homeowners’ 

Association, 

 Appellees. 

Bankr. Case No.: 14-35434-tmb13 

District Court Case No. 3:15-cv-01200-AA 

Ninth Circuit Case No. 16-35275 

APPELLANT’S STATEMENT OF 

ISSUES, DESIGNATION OF RECORD 

ON APPEAL, AND NOTICE OF 

ORDERING TRANSCRIPT 

Appellant Federal National Mortgage Association ( “Fannie Mae” or “Appellant”), 

pursuant to Federal Rule of Bankruptcy Procedure 8006 and Federal Rule of Appellate 
STATEMENT OF ISSUES AND DESIGNATION OF RECORD

Page 2

Procedure 6(B), submits its (i) statement of issues (“Statement of Issues”) to be presented on 

its appeal and (ii) designation of items in the record (“Designation of Record”) to be included 

in the record on appeal, and (iii) Notice of Ordering Transcript. 

I. STATEMENT OF ISSUES 

Appellant presents the following issues on appeal: 

(1) Did the District Court err in finding that relief pursuant to Federal Rule of 

Procedure 60(b) is unavailable to set aside an Order Confirming a Bankruptcy Plan. 

(2) Did the Bankruptcy Court err – and the District Court err in failing to reverse 

the decision – in failing to grant Fannie Mae’s Motion to Set Aside Order Confirming Plan 

and err in failing to modify or set aside the Order Confirming Plan and Resolving Motions 

(Doc. 27) for the reasons set forth in Fannie Mae’s Motion to Set Aside, including but not 

limited to: 

 (a) Excusable neglect and surprise under FRCP 60(b)(1); 

(b) Newly discovered evidence under FRCP 60(b)(2); 

(c) The existence of a void order under FRCP(b)(4); 

(d) Other extraordinary reasons justifying relief under FRCP 60(b)(6); 

(e) The Court’s equitable power under 11 U.S.C. § 105(a); and 

(f) Fraud under FRCP(b)(3) and 11 U.S.C. 1330. 

 (3) Did the Bankruptcy Court err – and the District Court err in failing to reverse 

the decision – in failing to grant Fannie Mae’s Motion for Reconsideration Pursuant to 

Federal Rule of Bankruptcy Procedure 9023 and 9024 and set aside or modify the Order 

Confirming Plan and Resolving Motions (Doc. 27) as requested in the Motion. 
STATEMENT OF ISSUES AND DESIGNATION OF RECORD

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II. DESIGNATION OF THE RECORD 

Appellant designates the following items to be included in the record on its appeal. 

To the extent exhibits are attached to or referred to in any of the items identified below, they 

shall be included in the Designation of Record. In addition, Appellant hereby designates in 

the record on appeal the transcripts of the court hearings as further identified below and in 

Appellant’s Notice of Ordering Transcript included herein. 

Docket # 

(14-35434-tmb13 

unless otherwise 

stated) 

Date Filed Description of Document/Date Entered 

1 9/25/2014 

Chapter 13 Voluntary Petition. Fee Amount $310. ANN 

K CHAPMAN on behalf of Joseph George Meeko IV, 

Carmen F. Meeko. (CHAPMAN, ANN) (Entered: 

09/25/2014) 

2 9/25/2014 INITIAL Chapter 13 PLAN ANN K CHAPMAN on 

behalf of Joseph George Meeko IV, Carmen F. Meeko. 

(CHAPMAN, ANN) (Entered: 09/25/2014) 

4 9/25/2014 

Chapter 13 Statement of Current Monthly and Disposable 

Income Filed By Joint Debtor Carmen F. Meeko, Debtor 

Joseph George Meeko IV (CHAPMAN, ANN) (Entered: 

09/25/2014) 

9 9/28/2014 

Certificate of Notice Re: 2 INITIAL Chapter 13 PLAN 

ANN K CHAPMAN on behalf of Joseph George Meeko 

IV, Carmen F. Meeko. (CHAPMAN, ANN). (Admin.) 

(Entered: 09/28/2014) 

12 10/21/2014 Amended Schedule(s) Filed By Joint Debtor Carmen F. 

Meeko, Debtor Joseph George Meeko IV (CHAPMAN, 

ANN) (Entered: 10/21/2014) 
STATEMENT OF ISSUES AND DESIGNATION OF RECORD

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14 10/21/2014 

Notice of Pre-Confirmation Amendment of Plan and 

Amended Plan Dated 10/20/2014 Filed By Joint Debtor 

Carmen F. Meeko, Debtor Joseph George Meeko IV 

(CHAPMAN, ANN) (Entered: 10/21/2014) 

16 10/23/2014 

Notice of Amended Schedules and Amended SchedulesCreditor Mailing List and certification that all additional 

creditors have been uploaded and verified. Filed By Joint 

Debtor Carmen F. Meeko, Debtor Joseph George Meeko 

IV (CHAPMAN, ANN) (Entered: 10/23/2014) 

19 10/27/2014 

Notice of Amended Schedules and Amended SchedulesCreditor Mailing List and certification that all additional 

creditors have been uploaded and verified. Filed By Joint 

Debtor Carmen F. Meeko, Debtor Joseph George Meeko 

IV (CHAPMAN, ANN) (Entered: 10/27/2014) 

21 11/03/2014 

Objection to Confirmation of Amended Plan Filed by 

Creditor Meritage Homeowners' Association (Re:14 

Notice of Pre-Confirmation Amendment of Plan and 

Amended Plan Dated 10/20/2014 Filed By Joint Debtor 

Carmen F. Meeko, Debtor Joseph George Meeko IV). 

(WARREN, BRITTA) (Entered: 11/03/2014) 

22 11/07/2014 

First Amended Attorney's Disclosure of Compensation 

Filed By Joint Debtor Carmen F. Meeko, Debtor Joseph 

George Meeko IV (CHAPMAN, ANN) (Entered: 

11/07/2014) 

23 11/07/2014 Fee Itemization Filed By Joint Debtor Carmen F. Meeko, 

Debtor Joseph George Meeko IV (CHAPMAN, ANN) 

(Entered: 11/07/2014) 

24 11/13/2014 Record of Proceeding Re: Adjourned Confirmation 

Hearing to be Held on 12/04/2014 at 01:30 PM at 

Courtroom #4, Portland. (bls) (Entered: 11/13/2014) 
STATEMENT OF ISSUES AND DESIGNATION OF RECORD

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Transcript 11/13/2014 Actual transcript of hearing held on 12/4/14 at 1:30 p.m. 

25 11/13/2014 Withdrawal of 21 Objection to Confirmation of Amended 

Plan Filed By Creditor Meritage Homeowners' 

Association (WARREN, BRITTA) (Entered: 11/13/2014) 

26 11/14/2014 Correspondence Re: Entry of OCP Filed By Trustee 

Wayne Godare (^Godare2, Wayne) (Entered: 11/14/2014) 

27 11/17/2014 

Order Confirming Plan and Resolving Motions. Re 14 

Notice of Pre-Confirmation Amendment of Plan and 

Amended Plan Dated 10/20/2014 Filed By Joint Debtor 

Carmen F. Meeko, Debtor Joseph George Meeko IV (ljr) 

(Entered: 11/17/2014) 

29 11/24/2014 

Adversary case 14-03271. Complaint by Joseph George 

Meeko IV, Carmen F. Meeko against Meritage 

Homeowners' Association, Mark C Hoyt, Sherman 

Sherman Johnnie & Hoyt LLP Fee Exempt Nature of 

Suit:(72 (Injunctive relief - other)),(91 (Declaratory 

judgment))(CHAPMAN, ANN) (Entered: 11/24/2014) 

30 12/24/2014 Amended Schedule(s) Filed By Joint Debtor Carmen F. 

Meeko, Debtor Joseph George Meeko IV (CHAPMAN, 

ANN) (Entered: 12/24/2014) 

35 3/10/2015 

Motion to Vacate and Supporting Document(s). Filed by 

Creditor Federal National Mortgage Association Re:27 

Order Confirming Plan and Resolving Motions. Re 14 

Notice of Pre-Confirmation Amendment of Plan and 

Amended Plan Dated 10/20/2014 Filed By Joint Debtor 

Carmen F. Meeko, Debtor Joseph George Meeko IV (ljr) 

(EDLING, EMILIE) Modified on 3/11/2015 (pjk). Noted: 

Removed extraneous text language. (Entered: 

03/10/2015) 
STATEMENT OF ISSUES AND DESIGNATION OF RECORD

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37 3/11/2015 

First Amended Declaration of Emilie K. Edling Re: 35 

Motion to Vacate Filed By Creditor Federal National 

Mortgage Association (EDLING, EMILIE) (Entered: 

03/11/2015) 

38 3/11/2015 

Motion to Seal Document and Supporting Document(s). 

Filed by Creditor Federal National Mortgage Association 

Re:35 Motion to Vacate and Supporting Document(s). 

Filed by Creditor Federal National Mortgage Association 

Re:27 Order Confirming Plan and Resolving Motions. Re 

14 Notice of Pre-Confirmation Amendment of Plan and 

Amended Plan Dated 10/20/2014 Filed By Joint Debtor 

Carmen F. Meeko, Debtor Joseph George Meeko IV (ljr) 

(EDLING, EMILIE) Modified on 3/11/2015 (pjk). Noted: 

Removed extraneous text language. filed by Creditor 

Federal National Mortgage Association (EDLING, 

EMILIE) (Entered: 03/11/2015) 

42 3/23/2015 

Response Filed by Joint Debtor Carmen F. Meeko, 

Debtor Joseph George Meeko IV Re: 35 Motion to 

Vacate and Supporting Document(s). Filed by Creditor 

Federal National Mortgage Association Re:27 Order 

Confirming Plan and Resolving Motions. Re 14 Notice of 

Pre-Confirmation Amendment of Plan and Amended Plan 

Dated 10/20/2014 Filed By Joint Debtor Carmen F. 

Meeko, Debtor Joseph George Meeko IV (ljr) (EDLING, 

EMILIE) Modified on 3/11/2015 (pjk). Noted: Removed 

extraneous text language. (CHAPMAN, ANN) (Entered: 

03/23/2015) 

46 4/10/2015 

Order Granting 38 Motion to Seal Document and 

Supporting Document(s). filed by Creditor Federal 

National Mortgage Association (ljr) (Entered: 

04/10/2015) 
STATEMENT OF ISSUES AND DESIGNATION OF RECORD

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47 4/10/2015 

**SEALED** Affidavit Filed Under Seal: Exhibit 3 to 

Kevin Flannigan's Declaration filed with 35 Motion to 

Vacate Filed By Creditor Federal National Mortgage 

Association (EDLING, EMILIE) Corrected docket text. 

Modified on 4/10/2015 (rdl). (Entered: 04/10/2015) 

50 4/13/2015 Supplemental Memorandum In Support of 35 Motion to 

Vacate Filed By Creditor Federal National Mortgage 

Association (EDLING, EMILIE) (Entered: 04/13/2015) 

51 4/14/2015 

Supplemental Declaration of Kevin Flannigan Re: 35 

Motion to Vacate Filed By Creditor Federal National 

Mortgage Association (EDLING, EMILIE) (Entered: 

04/14/2015) 

52 4/15/2015 

Hearing Held. Re: 35 Motion to Vacate and Supporting 

Document(s). Filed by Creditor Federal National 

Mortgage Association Re:27 Order Confirming Plan and 

Resolving Motions. Re 14 Notice of Pre-Confirmation 

Amendment of Plan and Amended Plan Dated 

10/20/2014 Filed By Joint Debtor Carmen F. Meeko, 

Debtor Joseph George Meeko IV (ljr) (EDLING, 

EMILIE) (bls) (Entered: 04/15/2015) 

Transcript 4/15/2015 Actual transcript of hearing held on 4/15/15. 

54 4/28/2015 

Order Re: 35 Motion to Vacate Federal National 

Mortgage Assn's Motion to Set Aside Order Confirming 

Plan, Declaration of Kevin Flannigan in Support of 

Motion, Declaration of Emilie Edling in Support of 

Motion and Supporting Document(s). filed by Creditor 

Federal National Mortgage Association (ljr) (Entered: 

04/28/2015) 

57 5/12/2015 Motion to Reconsider PURSUANT TO FEDERAL 

RULE OF BANKRUPTCY PROCEDURE 9023 AND 

9024 and Supporting Document(s). Filed by Creditor 
STATEMENT OF ISSUES AND DESIGNATION OF RECORD

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Federal National Mortgage Association Re:35 Motion to 

Vacate and Supporting Document(s). Filed by Creditor 

Federal National Mortgage Association Re:27 Order 

Confirming Plan and Resolving Motions. Re 14 Notice of 

Pre-Confirmation Amendment of Plan and Amended Plan 

Dated 10/20/2014 Filed By Joint Debtor Carmen F. 

Meeko, Debtor Joseph George Meeko IV (ljr) (EDLING, 

EMILIE) Modified on 3/11/2015 (pjk). Noted: Removed 

extraneous text language. filed by Creditor Federal 

National Mortgage Association (EDLING, EMILIE) 

(Entered: 05/12/2015) 

58 5/12/2015 

Notice of Appeal and Optional Statement of Election to 

District Court. Filed by Creditor Federal National 

Mortgage Association RE: 54 Order on Motion to Vacate 

(EDLING, EMILIE). Appeal Designation Due: 

05/26/2015. (Entered: 05/12/2015) 

62 5/12/2015 

Notice of Referral of Appeal to USDC. Via ECF: Emilie 

K Edling (Federal National Mortgage Association, Ann K 

Chapman (Debtor/Joint Debtor), Britta E Warren (Mark C 

Hoyt) (Meritage Homeowners' Association, Wayne 

Godare (Ch 13 Trustee), US Trustee, Jennifer L Aspaas 

(SunTrust Mortgage Inc. Via US MAIL (BNC): Oregon 

Dept of Revenue, Asset Systems Inc, Internal Revenue 

Services. Mailed on: 5/12/15 Re: 58 Notice of Appeal and 

Optional Statement of Election to District Court. Filed by 

Creditor Federal National Mortgage Association RE: 54 

Order on Motion to Vacate (EDLING, EMILIE). Appeal 

Designation Due: 05/26/2015. (ljr) (Entered: 05/12/2015) 

66 5/14/2015 

Certificate of Notice Re: 61 Service of Document on 

NON-ECF Recipients Re: 58 Notice of Appeal and 

Optional Statement of Election to District Court. Filed by 

Creditor Federal National Mortgage Association RE: 54 

Order on Motion to Vacate (EDLING, EMILIE). Appeal 

Designation Due: 05/26/2015. (pjk). (Admin.) (Entered: 

05/14/2015) 
STATEMENT OF ISSUES AND DESIGNATION OF RECORD

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68 5/18/2015 

Transcript re: Appeal, of Hearing Held on April 15, 2015, 

and Notice of Filing Thereof, re: Motion to Dismiss 

Cause of Action and 35 Motion to Vacate and Supporting 

Document(s) Filed by Creditor Federal National 

Mortgage Association. Court Transcript Review due on 

8/17/2015. (pjk) (Entered: 05/18/2015) 

71 5/29/2015 

Response Filed by Joint Debtor Carmen F. Meeko, 

Debtor Joseph George Meeko IV Re: 57 Motion to 

Reconsider PURSUANT TO FEDERAL RULE OF 

BANKRUPTCY PROCEDURE 9023 AND 9024 and 

Supporting Document(s). Filed by Creditor Federal 

National Mortgage Association Re:35 Motion to Vacate 

and Supporting Document(s). Filed by Creditor Federal 

National Mortgage Association Re:27 Order Confirming 

Plan and Resolving Motions. Re 14 Notice of PreConfirmation Amendment of Plan and Amended Plan 

Dated 10/20/2014 Filed By Joint Debtor Carmen F. 

Meeko, Debtor Joseph George Meeko IV (ljr) (EDLING, 

EMILIE) Modified on 3/11/2015 (pjk). Noted: Removed 

extraneous text language. filed by Creditor Federal 

National Mortgage Association (CHAPMAN, ANN) 

(Entered: 05/29/2015) 

73 6/10/2015 

Certificate of Notice Re: 70 Order Re: 69 Motion to 

Extend Time for Appeal Under 8002c filed by Creditor 

Federal National Mortgage Association (ljr). (Admin.) 

(Entered: 05/31/2015) 

75 6/11/2015 

Hearing Held. Re: 57 Motion to Reconsider PURSUANT 

TO FEDERAL RULE OF BANKRUPTCY 

PROCEDURE 9023 AND 9024. Filed by Creditor 

Federal National Mortgage Association Re:35 Motion to 

Vacate . Filed by Creditor Federal National Mortgage 

Association Re:27 Order Confirming Plan and Resolving 

Motions. Re 14 Notice of Pre-Confirmation Amendment 

of Plan and Amended Plan Dated 10/20/2014 Filed By 

Joint Debtor Carmen F. Meeko, Debtor Joseph George 

Meeko IV (ljr) (EDLING, EMILIE) (bls) (Entered: 

06/11/2015) 
STATEMENT OF ISSUES AND DESIGNATION OF RECORD

Page 10

76 6/23/2015 BAP Notice of Transfer of Appeal to District Court and 

Order Transferring appeal to District Court (pjk) 

(Entered: 06/23/2015) 

77 6/23/2015 

Order re: 57Federal National Mortgage Association's 

Motion to Reconsider Pursuant to Federal Rule of 

Bankruptcy Procedure 9023 and 9024. (rdl) (Entered: 

06/23/2015) 

80 6/29/2015 

Amended Notice of Appeal and Optional Statement of 

Election to District Court. Filed by Creditor Federal 

National Mortgage Association RE: 58 Notice of Appeal 

and Optional Statement of Election filed by Creditor 

Federal National Mortgage Association (EDLING, 

EMILIE). Appeal Designation Due: 07/13/2015. 

(Entered: 06/29/2015) 

83 7/1/2015 

Certificate of Notice Re: 79 Transmittal of Record on 

Appeal to U.S. District Court Re: 58 Notice of Appeal 

and Optional Statement of Election to District Court. 

Filed by Creditor Federal National Mortgage Association 

RE: 54 Order on Motion to Vacate (EDLING, EMILIE). 

Appeal Designation Due: 05/26/2015. (ljr) Additional 

attachment(s) added on 6/29/2015 (pjk). Modified on 

6/29/2015 (pjk) to attach the corrected document.. 

(Admin.) (Entered: 07/01/2015) 

84 7/1/2015 

Certificate of Notice Re: 81 Transmittal of Record on 

Appeal to U.S. District Court Re: 80 Amended Notice of 

Appeal and Optional Statement of Election to District 

Court. Filed by Creditor Federal National Mortgage 

Association RE: 58 Notice of Appeal and Optional 

Statement of Election filed by Creditor Federal National 

Mortgage Association (EDLING, EMILIE). Appeal 

Designation Due: 07/13/2015.. (ljr). (Admin.) (Entered: 

07/01/2015) 
STATEMENT OF ISSUES AND DESIGNATION OF RECORD

Page 11

Claim 4-1 1/20/2015 01/20/2015 Claim #4 filed by Meritage Homeowners' 

Association, Amount claimed: $60378.35 (WARREN, 

BRITTA ) 

Adv. Case No. 

14-03271 

Doc. 21 12/23/2014 

Answer to Complaint, Counterclaim and Third-Party 

Complaint by Meritage Homeowners' Association against 

Federal National Mortgage Association ("Fannie Mae") 

Filed by Meritage Homeowners' Association (WARREN, 

BRITTA) Modified on 1/14/2015 (ljr). Corrected docket 

text to add "Counterclaim". (Entered: 12/23/2014) 

Oregon District 

Court Case No. 

3:15-cv-01200 

Doc. No. 10 

8/28/15 

Motion to Supplement Federal National Mortgage 

Association's Motion to Supplement the Record on 

Appeal or in Alternative Request for Judicial Notice. Oral 

Argument requested. Filed by Federal National Mortgage 

Association. (Edling, Emilie) (Entered: 08/28/2015) 

Oregon District 

Court Case No. 

3:15-cv-01200 

Doc. No. 11 

8/28/15 

Declaration of Declaration of Emilie K. Edling in Support 

of Federal National Mortgage Association's Motion to 

Supplement the Record on Appeal. Filed by Federal 

National Mortgage Association. (Related document(s): 

Motion to Supplement, 10 .) (Attachments: # 1 Exhibit 

Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 

Exhibit Exhibit 4, # 5 Exhibit Exhibit 5) (Edling, Emilie) 

(Entered: 08/28/2015) 

Oregon District 

Court Case No. 

3:15-cv-01200 

Doc. No. 11 

3/14/16 

MINUTES of Proceedings: Oral Argument heard. Matter 

taken under advisement as of 3/14/2016. Emilie Edling, 

Britta Warren present as counsel for Appellant. Douglas 

Ricks present as counsel for debtors. Court Reporter: 

Bridget Montero. Judge Ann L. Aiken presiding. (bb) 

(Entered: 03/16/2016) 

Oregon District 

Court Case No. 

3:15-cv-01200 

Transcript 

3/14/16 Actual transcript of oral argument. 

III. NOTICE OF ORDERING TRANSCRIPT 

Fannie Mae previously provided notification that the hearings held in the bankruptcy 

court were all previously ordered and should be included in the record on appeal; to wit, the 
STATEMENT OF ISSUES AND DESIGNATION OF RECORD

Page 12

November 13, 2014 hearing on the Confirmation Hearing of the Debtor’s Chapter 13 Plan; 

the hearing occurring on April 15, 2015 on Fannie Mae’s Motion to Vacate and the hearing 

occurring June 11, 2015 on Fannie Mae’s Motion for Reconsideration. Fannie Mae 

additionally intends to order a transcript of the hearing occurring on March 14, 2016 in the 

District Court for the District of Oregon, case No. 3:15-cv-01200-AA, for inclusion in the 

record on appeal. 

DATED this 28th day of April, 2016. 

 HOUSER & ALLISON, APC 

BY /s/ Emilie K. Edling 

Emilie K. Edling, OSB #035931 

E-mail: eedling@houser-law.com 

HOUSER & ALLISON, APC 

9600 SW Oak St., Suite 570 

Portland, OR 97223 

Telephone: (503) 914-1382 

Facsimile: (503) 914-1383 

Attorney for the Federal National Mortgage 

Association 
1 

CERTIFICATE OF SERVICE 

I, Emilie K. Edling, hereby certify that on April 28, 2016, I electronically 

filed the foregoing APPELLANT’S STATEMENT OF ISSUES, DESIGNATION 

OF RECORD ON APPEAL, AND NOTICE OF ORDERING TRANSCRIPT with 

the Clerk of the Court for the United States District of Oregon by using the ECF 

system. 

I served to all parties in this case via ECF system a true and correct copy of 

the foregoing APPELLANT’S STATEMENT OF ISSUES, DESIGNATION OF 

RECORD ON APPEAL, AND NOTICE OF ORDERING TRANSCRIPT. 

DATED: April 28, 2016 HOUSER & ALLISON

 A Professional Corporation 

 

 By: /s/ Emilie K. Edling 

 Emilie K. Edling, Esq. 

Attorneys for Appellant the Federal 

National Mortgage Association