Greyhound Lines, Inc. v. Rogers

62 F.3d 730
CourtCourt of Appeals for the Fifth Circuit
DecidedSeptember 1, 1995
DocketNo. 94-60393
StatusPublished
Cited by3 cases

This text of 62 F.3d 730 (Greyhound Lines, Inc. v. Rogers) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greyhound Lines, Inc. v. Rogers, 62 F.3d 730 (5th Cir. 1995).

Opinion

REYNALDO G. GARZA, Circuit Judge:

On June 4, 1990, Greyhound Lines, Inc. and associated entities (“Greyhound” or “Debtor”) commenced Chapter 11 proceedings by filing voluntary petitions for protection under the Bankruptcy Code. Pursuant to Bankruptcy Rule 3003(c)(3), the bankruptcy court set November 19, 1990 (hereinafter the “bar date”) as the date by which all creditors had to file their proofs of claim. Twenty-three creditors failed to file their proofs of claim before the bar date. Approximately six to eight months after the bar date passed some of these creditors filed motions for leave to file their respective proofs of claim.

After conducting a hearing on these motions, the bankruptcy court held that Donna Rogers, C.B. and Nancy Burgess, on their own behalf and on behalf of Trey Burgess, and James Fine, Jr. (collectively the “Claimants”), could file untimely proofs of claim.1 After the district court affirmed the bankruptcy court’s rulings, Greyhound filed this appeal. For the reasons stated below, we affirm in part and reverse in part the bankruptcy and district court’s findings; we affirm the findings that allowed the Claimants to file untimely proofs of claim with the sole exception of Donna Rogers. We remand this case to the bankruptcy court to determine if Donna Rogers’ failure to file a late claim was excusable neglect.

BACKGROUND

After the bankruptcy court set the bar date, Poorman-Douglas Corporation was appointed to conduct all necessary mailouts on behalf of Greyhound. It mailed packets con-[733]*733taming a notice of the bar date, a proof of claim form, notice of the first creditor’s meeting, and a map to such meeting to all known creditors and parties in interest on two separate occasions.2

Anticipating that a large number of creditors would seek relief from the automatic stay to liquidate their claims outside of bankruptcy, the bankruptcy court entered an order requiring the claimants to participate in Alternative Dispute Resolution (“ADR”) pri- or to hearing any motion on lifting the stay.3 The purpose of the ADR Order was to approve and adopt a procedure that would serve as an orderly and efficient mechanism for the liquidation and satisfaction of more than 3000 personal injury and property damage claims pending against Greyhound on the petition date.

Twenty-three creditors who failed to file proofs of claim before the bar date filed motions to file late claims.4 The bankruptcy court consolidated these motions and held a hearing on April 2,1992. At the hearing, the court made the following findings of facts with respect to the Claimants:

Donna Rogers’ notice was sent to her brother’s home, but the evidence was inconclusive as to whether she actually received notice of the bar date.
James Fine, Jr. denies receipt of the notice of the bar date though the evidence indicates that a notice was sent to him. However, his attorney participated in the ADR program.
The Burgess family received timely notice of the bar date. They elected to participate in the ADR program and were in the ADR process.

The bankruptcy court ultimately concluded that the failure by James Fine, Jr. (“Fine”) and the Burgess family to file timely claims was due to excusable neglect and thus they could file claims after passage of the bar date. It also found that Fine and Donna Rogers (“Rogers”) could file untimely proofs of claim in light of due process considerations.

The district court affirmed the bankruptcy court, finding that Rogers could file a late claim on due process grounds and that the remaining Claimants could untimely file due to excusable neglect.

DISCUSSION I. Jurisdiction

District courts have appellate jurisdiction over “final judgments, orders, and decrees” issued by the bankruptcy court. 28 U.S.C. § 158(a). This jurisdiction includes interlocutory orders and decrees which the bankruptcy court has granted leave to appeal. Id. The courts of appeals have jurisdiction over “all final decisions, judgments, orders, and decrees” issued by the bankruptcy court. Id. § 158(d). This Court views finality in bankruptcy proceedings in a practical and less technical light to preserve judicial and other resources. England v. FDIC (In re England), 975 F.2d 1168, 1171 (5th Cir.1992) (citations omitted). We have determined that “an order which ends a discrete judicial unit in the larger case concludes a bankruptcy proceeding and is a final judgment for the purposes of section § 158(d). Finality in bankruptcy cases is contingent upon the conclusion of an adversarial proceeding within the bankruptcy case, rather than the conclusion of the entire litigation.” Id. at 1172 (citations omitted).

Rogers argues that this appeal should be dismissed for lack of jurisdiction. She contends that the order allowing the Claimants to file untimely proofs of claim is not a final appealable order because it does not “conclusively” settle the claims before the bankruptcy court. Rogers insists that the procedural context of the case is identical to Giles World Mktg., Inc. v. Boekamp Mfg., [734]*734Inc., 787 F.2d 746 (1st Cir.1986) and thus we should dismiss the appeal. We disagree.

In Giles, the district court affirmed a bankruptcy court order allowing a creditor to file an informal proof of claim after the confirmation of the debtor’s reorganization plan. The debtor appealed the district court’s judgment on the ground that the proof of claim was untimely filed. The reviewing court noted that a “final judgment, order, or decree” from a bankruptcy court included orders that “conclusively” determined a separable dispute over a creditor’s claim. Id. at 748 (citation omitted). Therefore, the court found that the bankruptcy court’s order was not final because it neither conclusively allowed the creditor’s claim against the debtor nor determined what amount, if any, the debtor owed the creditor. Id. In other words, judicial activity involving the exercise of considerable discretion was further expected in the bankruptcy court before these issues could be resolved. See id.5 Thus, our sister court held that the order did not “conclusively” resolve the parties’ dispute and dismissed the appeal. Giles, 787 F.2d at 748.

In the matter sub judice the order granting the motions to file untimely proofs of claim is final and appealable because, unlike the cases cited above, the bankruptcy court was left with no dispute or issue to resolve after entering the order. See Broken Bow Ranch Inc. v. Farmers Home Admin. (In re Broken Bow Ranch, Inc.), 33 F.3d 1005, 1008 (8th Cir.1994) (bankruptcy court’s order was an appealable final decision because order did not contemplate further significant judicial activity in the bankruptcy case, such as the submission and consideration of a modified plan of reorganization). Indeed, Greyhound’s reorganization plan has been confirmed by the bankruptcy court. Under that plan, once a proof of claim is filed it must go through the compulsory ADR program.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Solow Building Co., LLC v. ATC Associates, Inc.
175 F. Supp. 2d 465 (E.D. New York, 2001)
In Re Mid-Miami Diagnostics, L.L.P.
195 B.R. 20 (S.D. New York, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
62 F.3d 730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greyhound-lines-inc-v-rogers-ca5-1995.