In Re: Samson Resources Corporation
1:16-cv-01124
D. Del.Aug 30, 2017Background
- Samson Resources filed Chapter 11 in 2015; assets including working interests in oil and gas leases were proposed for sale.
- Appellant Calvin Williams, pro se, objected to the sale on behalf of himself and Seamster Heirs, asserting lease validity/ownership issues and alleged royalty concerns.
- Bankruptcy Court held a June 7, 2016 evidentiary hearing and ruled the lease was valid and that Debtors could sell the working interest, excluding Williams' royalty interest.
- On June 8, 2016 the Court entered an order approving the sale over Williams’ objection; Williams filed a First Reconsideration (July 11, 2016) and a Second Reconsideration (Nov. 16, 2016).
- Bankruptcy Court denied both reconsiderations; Williams filed a Notice of Appeal on December 5, 2016; the district court lacks jurisdiction due to untimely filing.
- Court concludes Bankruptcy Rule 8002 deadlines are jurisdictional and that Williams did not timely appeal nor show excusable neglect, so the appeal must be dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal was timely under Bankruptcy Rule 8002 | Williams contends timely appeal despite delays | Debtors contend untimely under Rule 8002 | Untimely; district court lacks jurisdiction |
| Whether tolling by motions to reconsider extended the appeal deadline | Williams seeks tolling via reconsideration motions | Reconsideration motions did not toll the 14-day deadline after entry of the last disposition | No tolling; deadline not extended |
| Whether the second reconsideration affected the appeal timeliness | Second motion kept appeal alive within the window | Second reconsideration was untimely and did not extend the period | Second reconsideration untimely; no extension |
Key Cases Cited
- In re Caterbone, 640 F.3d 108 (3d Cir. 2011) (Rule 8002 timing is jurisdictional when incorporated by statute)
- S'holders v. Sound Radio, Inc., 109 F.3d 873 (3d Cir. 1997) (bankruptcy appeal timing guidelines)
- Whitemere Dev. Corp., Inc. v. Cherry Hill Twp., 786 F.2d 185 (3d Cir. 1986) (jurisdictional deadlines in bankruptcy appeals)
- In re Universal Minerals Inc., 755 F.2d 309 (3d Cir. 1985) (earlier authority on timing and jurisdiction for appeals)
- Memorex Telex Corp., 241 B.R. 841 (D. Del. 1999) (untimely post-judgment motions do not toll appeal period)