Overstreet v. Joint Facilities Management, L.L.C. (In re Crescent Resource, L.L.C.)
- Citation:
- Overstreet v. Joint Facilities Management, L.L.C. (In re Crescent Resource, L.L.C.), No. 11-51141 (5th Cir. 11/8/2012) (unpublished) (per curiam)
- Tag(s):
-
- Ruling:
- An untimely Rule 59(e) motion to alter or amend a district court's judgment affirming a bankruptcy court's dismissal order does not extend the 30-day deadline to file a notice of appeal of the district court's judgment.
- Procedural context:
- Appellants sought to revoke the order confirming the chapter 11 plan for Joint Facilities Management, L.L.C. (JFM). The bankrutpcy court granted JFM's motion to dismiss. On appeal, the district court affirmed. Appellants filed in the district court a motion to alter or amend the judgment after the 28-day period allowed by Rule 59(e). The district court denied the motion. Appellants appealed the orders dismissing their claims against JFM and denying their motion seeking to alter or amend the judgment.
- Facts:
- JFM was the landlord and tenant under the lease of a golf course in Arizona. Appellant Overstreet owned the right to receive rents under the lease. JFM terminated the lease and filed chapter 11 the following day. The bankruptcy court confirmed JFM's chapter 11 plan. Overstreet participated in the case as a member of the unsecured creditors committee. Eight months later, Overstreet and a second Appellant sought to revoke the order confirming the plan on the basis that their right to receive rents was a secured claim and that JFM's failure to treat their claim as secured was fraud on the court.
- Judge(s):
- King, Clement, Higginson
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