- Case Type:
- Case Status:
- Reversed and Remanded
- 18-20462 (5th Circuit, May 16,2019) Published
- Fifth Circuit reversed and remanded ruling of district court (SD Tex.), which affirmed ruling of bankruptcy court determining that creditors satisfied Fifth Circuit's "informal proof of claim" filing requirement. Fifth Circuit ruled that it lacked jurisdiction to review bankruptcy court order because bankruptcy court's order did not end the litigation over the allowance of creditors' claims and thus was not a final, appealable order. Bankruptcy court planned to hold hearing to determine claims' validity and allowed amount, if any. Fifth Circuit remanded to District Court to dismiss appeal.
- Procedural context:
- Creditors sought allowance of untimely filed claims based on timely "informal proof of claims." Bankruptcy court granted motions. Debtor appealed to US District Court (SD Tex.). US District Court affirmed. Debtor appealed to 5th Circuit.
- Opinion did not include factual background. Creditors sought allowance of untimely filed claims against chapter 11 debtor based on timely "informal proof of claims." Bankruptcy court granted motions. Debtor appealed to US District Court (SD Tex.). US District Court affirmed. Debtor appealed to 5th Circuit.
- Jolly, Costa, Engelhardt
UMB Bank, National Association v. Berry Petroleum (In re Linn Energy)
Summarizing by Craig Geno
2916 in the system
11 Being Processed