464 F. App'x 316
5th Cir.2012Background
- DLH Master Land Holdings, L.L.C. filed Chapter 11 on January 25, 2010; bar date set for June 2, 2010.
- BOA received the Notice of bankruptcy case on February 4, 2010 but informed Snell & Wilmer only in late May/early June.
- Snell & Wilmer filed its appearance on June 1, 2010 and BOA directed counsel to focus on non-debtor affiliates as co-debtors.
- BOA filed its original proof of claim on July 14, 2010, forty-two days after the Bar Date.
- BOA moved to permit late filing on November 3, 2010, arguing miscommunication within its counsel and no prejudice to the debtor.
- OCUC objected; bankruptcy court held an evidentiary hearing on January 20, 2011; court denied BOA’s motion on February 10, 2011; BOA appealed and district court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BOA's inadvertence qualifies as excusable neglect | BOA argues inadvertence meets Pioneer factors. | Bank challenges that inadvertence is not excusable neglect. | Yes, the district court affirmed denial; BOA failed to show excusable neglect. |
Key Cases Cited
- Pioneer Investment Services Co. v. Brunswick Associates, L.P., 507 U.S. 380 (Supreme Court 1993) (establishes excusable neglect standard and Pioneer test factors)
- In re Entringer Bakeries, Inc., 584 F.3d 344 (5th Cir. 2008) (review standard for bankruptcy court findings on appeal)