Reeder v. Hittner

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_____________________

No. 95-20993 Summary Calendar _____________________

In the Matter of: RHI HOLDINGS, INC.; HILLTOP DEVELOPERS,

Debtors, _______________________________________________

BARRY G. HITTNER Appellee, versus

SAMMY JO REEDER,

Appellant. ________________________________________________

Appeal from the United States District Court for the Southern District of Texas (CA-H-95-3296) ________________________________________________

June 25, 1996 Before DAVIS, JONES and BARKSDALE, Circuit Judges.

PER CURIAM:*

Sammy Jo Reeder appeals the district court's affirmance of the

dismissal by the bankruptcy court of her objection to the claim by

American Universal Insurance Company in the Chapter 11 bankruptcy

proceeding of RHI Holdings, Inc. Pursuant to our de novo review,

we conclude that Reeder's objection was properly dismissed, because

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. she does not have a pecuniary interest in the distribution of RHI's

estate and is not a party in interest under the Bankruptcy Code, 11

U.S.C. §§ 502(a) & 1109(b). Reeder is neither a creditor nor a

shareholder of RHI. (We note that the identical objection filed

jointly with Reeder by Interstate Underground Warehouse &

Industrial Park, Inc., of which she is the sole shareholder,

remains (was not dismissed), because RHI had scheduled Interstate

as a creditor.) For essentially the reasons stated by the district

court, the judgment is

AFFIRMED.