- Case Type:
- Case Status:
- 17-60742 (5th Circuit, Dec 20,2018) Not Published
- 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.
- 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.
- Per Curiam (Smith, Wiener, Willett)
Bennett v Garner
Summarizing by Shane Ramsey
2831 in the system
12 Being Processed