Now Updating
Bennett v Garner

Summarizing by Shane Ramsey

IN RE: MARITIME COMMUNICATIONS/LAND MOBILE L.L.C.

Case Type:
Business
Case Status:
Affirmed
Citation:
17-60742 (5th Circuit, Dec 20,2018) Not Published
Tag(s):
Ruling:
Affirmed the dismissal of claimant's appeal of a confirmed chapter 11 plan because appellant failed to demonstrate "person aggrieved" bankruptcy standing. Claimant filed a proof of claim in the bankruptcy case, but the record showed that appellant's claims had already been rejected on the merits by both the District Court in New Jersey and a panel of the FCC. Because appellant presented no additional facts to demonstrate a direct and adverse pecuniary impact by the confirmation of the plan, the Fifth Circuit agreed that appellant had no standing to appeal the confirmation order
Procedural context:
Appeal from the U.S. District Court for the Northern District of Mississippi, which dismissed pro se claimant's appeal of a bankruptcy court's order confirming a plan in the bankruptcy case of Maritime Communications/Land Mobile, L.L.C.
Facts:
Before Maritime Communication filed bankruptcy, Warren Havens had pursued claims against it in the District of New Jersey. Those claims were dismissed in reported opinions. Additionally, Havens brought an action against Maritime Communications before the FCC, objecting to the validity of certain transfers of licenses held by Maritime. The FCC denied Havens's relief and barred Havens and his companies from further participation in the FCC proceedings due to "their contemptuous and disruptive conduct." Havens then filed a proof of claim in Maritime's bankruptcy claims, based on "any legal and/or administrative proceedings." When the bankruptcy court confirmed Maritime's plan, Havens appealed. The District Court dismissed his appeal, finding no bankruptcy standing due to the FCC and New Jersey District Court's rulings on the merits of Havens's claims. Havens appealed.
Judge(s):
Per Curiam (Smith, Wiener, Willett)

ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!

About us in numbers

2831 in the system

2757 Summarized

12 Being Processed