Trigg v. United States

630 F.2d 1370, 23 Collier Bankr. Cas. 598
CourtCourt of Appeals for the Tenth Circuit
DecidedSeptember 15, 1980
DocketNo. 79-1862
StatusPublished
Cited by10 cases

This text of 630 F.2d 1370 (Trigg v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Trigg v. United States, 630 F.2d 1370, 23 Collier Bankr. Cas. 598 (10th Cir. 1980).

Opinion

SEYMOUR, Circuit Judge.

John Harry Trigg and Pauline Van Hook Trigg are debtors-in-possession in a Chapter XI proceeding under the Bankruptcy Act of 1898, formerly codified at 11 U.S.C. §§ 701 et seq.1 At issue on appeal are their rights to certain oil and gas leases issued to them by the United States Bureau of Land Management and the state of Wyoming. The district court, affirming the bankruptcy judge’s decision, held that the leases automatically terminated when the debtors failed to tender timely rental payments. The court found nothing in the Bankruptcy Act to preclude this result.

On appeal, the debtors contest termination of the leases, contending that with the filing of the Chapter XI petition the automatic stay provision of Bankruptcy Rule [1372]*137211-44, 11 U.S.C. App. Rule 11-44, precluded termination of their leasehold interests or that, in any event, the bankruptcy court should have fashioned equitable relief compelling continuation of the leases. We disagree and affirm the district court.

For many years the debtors have been engaged in the development and operation of oil and gas properties. From 1969 to 1975, they acquired approximately 146 oil and gas leases covering 102,000 acres of nonproducing properties in Colorado, Montana, New Mexico, Oklahoma, Utah, and Wyoming. Under both the federal and state leases at issue, the lessees were granted the exclusive right to drill for oil and gas on the leased acreage. In lieu of pursuing production, the lessees could retain the leases by paying an advance annual delay rental of 50 cents per acre. The lessees were not obligated to drill or pay. But each lease expressly provided that, absent production, failure to pay the advance annual rental on or before the anniversary date would automatically terminate the lease.

It is undisputed that there were no wells on the leased lands capable of producing oil and gas in paying quantities. Therefore, annual delay rentals were due and payable on the anniversary dates of the leases to keep them in force. From the inception of these leases until 1977, the debtors paid the delay rentals. In early 1977, the debtors experienced severe financial difficulties and, in an effort to achieve rehabilitation, filed a Chapter XI petition on April 20.

The groups of leases at issue had respective anniversary dates of June 1, July 1, August 1, and September 1. Instead of tendering the delay rentals necessary to keep the June leases in effect, the debtors filed an adversary proceeding in the bankruptcy court on June 21, 1977 seeking (1) an injunction to prevent termination of the leases and (2) a contempt order against the lessors for violating the automatic stay provisions of Rule ll-44(a). Three additional complaints were filed on or about the twentieth day after the anniversary dates of the July, August and September leases.

Because each lease had lapsed by its own terms before the debtors filed the four respective actions, the bankruptcy court concluded that “[i]t is one thing to prevent expiration and quite another to attempt to breath life back into something which has already died.” Rec., vol. I, at 119. The district court agreed, and debtors appeal its order dismissing the four actions.

I.

The Automatic Stay Rule Is Inapplicable

Relying on Bankruptcy Rule 11-44(a), the debtors contend that the filing of their Chapter XI proceeding automatically stayed termination of the oil and gas leases. The purpose of Rule 11-44(a) is to protect and preserve property of the debtor. Nevertheless, its scope is not sufficiently broad to prevent termination of the leases here.

Bankruptcy courts are courts of limited jurisdiction, and “their power to act must be found expressly in the Bankruptcy Act.” Riffe Petroleum Co. v. Cibro Sales Corp., 601 F.2d 1385, 1390 (10th Cir. 1979). Rule 11-44(a) provides:

“Stay of Actions and Lien Enforcement. A petition filed under Rule 11-6 or 11-7 shall operate as a stay of the commencement or the continuation of any court or other proceeding against the debtor, or the enforcement of any judgment against him, or of any act or the commencement or continuation of any court proceeding to enforce any lien against his property, or of any court proceeding, except a case pending under Chapter 10 of this title, for the purpose of the rehabilitation of the debtor or the liquidation of his estate.”

The Supreme Court prescribed Rule 11-44 pursuant to 28 U.S.C. § 2075, which permits the promulgation of procedural rules for practice under the Bankruptcy Act. The enabling statute provides that the Bankruptcy Rules “shall not abridge, enlarge, or modify any substantive right.” Id.

[1373]*1373To determine the scope of Rule 11-44, we must construe the underlying substantive provisions of Chapter XI. The Advisory Committee’s Note accompanying Rule 11-44 states that the rule “supplements and reinforces the policy of §§ 11a, 311 and 314 of the Act [sections 29(a), 711 and 714 of title 11].” Bankruptcy Rule 11-44, Advisory Committee’s Note. These statutory provisions, inter alia, stay actions founded on dischargeable claims, authorize the stay of any other actions against the debtor, and authorize the stay of any act or proceeding to enforce any lien against the debtor’s property. Id. See generally 14 Collier, Bankruptcy ¶ 11 — 44.02 (14th ed. 1976). As was articulated in Fidelity Mortgage Investors v. Camelia Builder’s, Inc., 550 F.2d 47, 51 (2d Cir. 1976), cert. denied, 429 U.S. 1093, 97 S.Ct. 1107, 51 L.Ed.2d 540 (1977): “It is difficult to conceive of a rule with a more apparent and certain meaning: after the Chapter XI petition has been filed, a debtor cannot be sued.”

The only portion of Rule ll-44(a) even arguably applicable to this action is the command that the Chapter XI “petition shall operate as a stay of the commencement or the continuation of any other proceeding against the debtor . . . ,”2 Here, the debtors’ failure to tender the annual rental caused the leases to lapse automatically by their own terms. See Phillips Petroleum Co. v. Curtis, 182 F.2d 122 (10th Cir. 1950). No “proceeding” was involved within the meaning of Rule 11 — 44(a). Cf., Good Hope Refineries, Inc. v. Benavides, 602 F.2d 998, 1002 (1st Cir.) cert. denied, 444 U.S. 992, 100 S.Ct. 523, 62 L.Ed.2d 421 (1979) (automatic termination of an oil and gas lease for nonpayment of delay rental does not constitute a “proceeding” within the meaning of Bankruptcy Act § 11(e), 11 U.S.C. § 29(e)).

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630 F.2d 1370, 23 Collier Bankr. Cas. 598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trigg-v-united-states-ca10-1980.