In Re: Outboard Marine Corporation, Debtor. Appeal Of: Travis Boats & Motors, Incorporated, Doing Business as Travis Boating Center

386 F.3d 824, 2004 U.S. App. LEXIS 21580, 43 Bankr. Ct. Dec. (CRR) 206, 2004 WL 2332131
CourtCourt of Appeals for the Seventh Circuit
DecidedOctober 18, 2004
Docket04-1009
StatusPublished
Cited by29 cases

This text of 386 F.3d 824 (In Re: Outboard Marine Corporation, Debtor. Appeal Of: Travis Boats & Motors, Incorporated, Doing Business as Travis Boating Center) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re: Outboard Marine Corporation, Debtor. Appeal Of: Travis Boats & Motors, Incorporated, Doing Business as Travis Boating Center, 386 F.3d 824, 2004 U.S. App. LEXIS 21580, 43 Bankr. Ct. Dec. (CRR) 206, 2004 WL 2332131 (7th Cir. 2004).

Opinion

BAUER, Circuit Judge.

Appellant-Creditor Travis Boats & Motors, Incorporated (“Travis Boats”), appeals from a bankruptcy court order that disallowed its claim in the Outboard Marine Corporation (“OMC”) Chapter 7 bankruptcy proceeding for failure to timely file a proof of claim. The Notice of Claims Bar Date required creditors to mail their proofs of claim to a designated post office box so as to be received by the OMC claims agent by November 15, 2002. Travis Boats faxed its proof of claim to counsel for the OMC bankruptcy trustee on November 15, 2002. The trustee objected to the claim as untimely, and the bankruptcy court sustained the objection, disallowing Travis Boats’ claim. The district court affirmed. We affirm the bankruptcy court’s conclusion about the timeliness of Travis Boats’ claim, but we reverse the court’s decision to disallow the claim.

I. Background

On December 22, 2000, the OMC debtors filed voluntary petitions for relief under Chapter 11 of the United States Bankruptcy Code. On August 20, 2001, the cases were converted to a Chapter 7 liquidation, and a trustee was appointed on August 24, 2001. The trustee subsequently determined that a distribution to OMC’s general unsecured creditors was possible, and sought authority from the bankruptcy court to fix a claims bar date. On July 16, 2002, the bankruptcy court set a claims bar date of November 15, 2002 (“Bar Date”), and approved the Notice of Bar Date.

Because the trustee anticipated a significant number of claims, he sought the bankruptcy court’s permission to appoint a claims agent. After receiving such permission, the trustee charged the agent with cataloguing the proofs of claim that were received both before and after the agent’s appointment. To streamline the claims procedure, the claims agent designated a post office box as the repository for all proofs of claim.

On or about August 15, 2002, the trustee served the Notice of Bar Date on all of OMC’s known creditors by first class mail. In the Notice, the trustee informed OMC’s creditors about the impending liquidation of OMC’s assets, and warned them that they may not be paid on their claims against OMC if they failed to timely file the enclosed proof of claim form. The Notice also specified the method of transmittal, and emphasized that the claims had to be received by the bar date:

File our Proof of Claim by sending it to:

OMC Claims Agent
P.O. Box 560
Waukegan, IL 60079-560
To be timely, all Proofs of Claim must be filed so as to be RECEIVED by the OMC Claims Agent on or before the Bar Date. Proofs of Claim are deemed filed only when actually received by the OMC Claims Agent.
Any questions, please call the OMC Claims Agent at (312) 602-2299.

App. 1 (emphasis in original). The phone number listed on the Notice automatically connected to a voicemail message system, where the messages would be retrieved by counsel for the trustee. The OMC claims agent received more than 5300 proofs of claim asserting claims against OMC in excess of $3.5 billion.

*827 On the Bar Date, Travis Boats mailed a proof of claim in the amount of $1,138,216.90 to the OMC claims agent at the address provided on the Notice. That claim was received by the OMC claims agent on December 9, 2002, and assigned Claim No. 5354. Although the Notice of Bar Date did not provide creditors with a fax number, counsel for Travis Boats also transmitted by facsimile a duplicate of Claim No. 5354 to counsel for the trustee on the Bar Date. According to Travis Boats, counsel for Travis Boats was given the fax number when he called the telephone number provided in the Notice and asked for the fax number. Upon receipt of the faxed proof of claim, counsel for trustee mailed it to the OMC claims agent, who received it on November 21, 2002, and assigned Claim No. 5293.

On July 11, 2003, the trustee filed an omnibus objection to numerous claims, including Claim No. 5293 and Claim No. 5354. The trustee objected to the Travis Boats claims as untimely. Travis Boats filed a response to the trustee’s objection with respect to Claim No. 5293 (the facsimile proof of claim), but did not oppose the trustee’s objection to Claim No. 5354 (the proof of claim transmitted by mail). After a hearing, the bankruptcy court entered an order sustaining the trustee’s objection to both of Travis Boats’ claims. Travis Boats then filed a motion for reconsideration of the court’s order, which the court denied. The bankruptcy court’s decision was affirmed on appeal to the district court.

II. Discussion

On appeal, Travis Boats argues that it complied with the Notice of Bar Date by faxing its proof of claim to the OMC claims agent on the Bar Date. In the alternative, Travis Boats asserts that its faxed claim should be deemed timely pursuant to Rule 5005(c) of the Federal Rules of Bankruptcy Procedure, or that its claim should be characterized as a timely-filed informal claim. In addition, Travis Boats maintains that the courts below erred in disallowing the claim, instead of subordinating the claim under 11 U.S.C. § 726(a)(3).

Appellate courts, like district courts, review a bankruptcy court’s legal conclusions de novo, but a bankruptcy court’s factual findings will be reversed only if clearly erroneous. See In re Lifschultz Fast Freight, 132 F.3d 339, 343 (7th Cir.1997). “A finding is ‘clearly erroneous’ when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” Anderson v. Bessemer City, 470 U.S. 564, 573, 105 S.Ct. 1504, 1511, 84 L.Ed.2d 518 (1985).

A. Timeliness of Travis Boats’ Proof of Claim

Travis Boats first challenges the bankruptcy court’s finding that its proof of claim was untimely, a factual finding that we review for clear error. Travis Boats argues that it complied with the Notice of Bar Date by timely faxing its proof of claim to the OMC claims agent. According to Travis Boats, transmission of its proof of claim by facsimile was appropriate because the Notice did not specify an exclusive method of filing. Travis Boats also maintains that when counsel for Travis Boats called the telephone number listed in the Notice, the person that answered the phone provided him with a fax number and that person did not state that facsimile transmittal was prohibited.

Travis Boats’ arguments on this issue are unpersuasive. The Notice of Bar Date only permitted one method of transmittal: claimants were required to mail proofs of claim to a designated post office *828 box so that they would be received by the OMC claims agent by November 15, 2002.

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386 F.3d 824, 2004 U.S. App. LEXIS 21580, 43 Bankr. Ct. Dec. (CRR) 206, 2004 WL 2332131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-outboard-marine-corporation-debtor-appeal-of-travis-boats-ca7-2004.