home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
The Supreme Court
/
The Supreme Court.iso
/
pc
/
wordperf
/
1991
/
91_1695a
/
91_1695a.zs
< prev
next >
Wrap
Text File
|
1993-03-23
|
6KB
|
111 lines
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being
done in connection with this case, at the time the opinion is issued. The
syllabus constitutes no part of the opinion of the Court but has been prepared
by the Reporter of Decisions for the convenience of the reader. See United ______
States v. Detroit Lumber Co., 200 U. S. 321, 337.______ ___________________
SUPREME COURT OF THE UNITED STATES
Syllabus
PIONEER INVESTMENT SERVICES CO. v. BRUNSWICK ASSOCIATES LIMITED PARTNERSHIP ET ____
AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
No. 91-1695. Argued November 30, 1992 - Decided March 24, 1993
As unsecured creditors of petitioner - a company seeking relief under Chapter 11
of the Bankruptcy Code - respondents were required to file proofs of claim
with the Bankruptcy Court before the deadline, or bar date, established by
that court. An August 3, 1989, bar date was included in a ``Notice for
Meeting of Creditors'' received from the court by Mark Berlin, an official for
respondents. Respondents' attorney was provided with a complete copy of the
case file and, when asked, assertedly assured Berlin that no bar date had been
set. On August 29, 1989, respondents asked the court to accept their proofs
under Bankruptcy Rule 9006(b)(1), which allows a court to permit late filings
where the movant's failure to comply with the deadline ``was the result of
excusable neglect.'' The court refused, holding that a party may claim
excusable neglect only if the failure to timely perform was due to
circumstances beyond its reasonable control. The District Court remanded the
case, ordering the Bankruptcy Court to evaluate respondents' conduct under a
more liberal standard. The Bankruptcy Court applied that standard and again
denied the motion, finding that several factors - the danger of prejudice to
the debtor, the length of the delay and its potential impact on judicial
proceedings, and whether the creditor acted in good faith - favored
respondents, but that the delay was within their control and that they should
be penalized for their counsel's mistake. The District Court affirmed, but
the Court of Appeals reversed. It found that the Bankruptcy Court had
inappropriately penalized respondents for their counsel's error, since Berlin
had asked the attorney about the impending deadlines and since the peculiar
and inconspicuous
I II PIONEER INV. SERVS. CO. v. BRUNSWICK ASSOC. ____
Syllabus
placement of the bar date in a notice for a creditors' meeting without any
indication of the date's significance left a dramatic ambiguity in the
notification that would have confused even a person experienced in bankruptcy.
Held:_____
1. An attorney's inadvertent failure to file a proof of claim by the bar
date can constitute ``excusable neglect'' within the meaning of Rule
9006(b)(1). Pp. 7-16.
(a) Contrary to petitioner's suggestion, Congress plainly contemplated that
the courts would be permitted to accept late filings caused by inadvertence,
mistake, or carelessness, not just those caused by intervening circumstances
beyond the party's control. This flexible understanding comports with the
ordinary meaning of ``neglect.'' It also accords with the underlying policies
of Chapter 11 and the bankruptcy rules, which entrust broad equitable powers
to the courts in order to ensure the success of a debtor's reorganization. In
addition, this view is confirmed by the history of the present bankruptcy
rules and is strongly supported by the fact that the phrase ``excusable
neglect,'' as used in several of the Federal Rules of Civil Procedure, is
understood to be a somewhat ``elastic concept.'' Pp. 7-14.
(b) The determination of what sorts of neglect will be considered
``excusable'' is an equitable one, taking account of all relevant
circumstances. These include the first four factors applied in the instant
case. However, the Court of Appeals erred in not attributing to respondents
the fault of their counsel. Clients may be held accountable for their
attorney's acts and omissions. See, e.g., Link v. Wabash R. Co., 370 U. S. __________ ______________
626. Thus, in determining whether respondents' failure to timely file was
excusable, the proper focus is upon whether the neglect of respondents and ___
their counsel was excusable. Pp. 14-16. _____________
2. The neglect of respondents' counsel was, under all the circumstances,
excusable. As the Court of Appeals found, the lack of any prejudice to the
debtor or to the interest of efficient judicial administration, combined with
the good faith of respondents and their counsel, weigh strongly in favor of
permitting the tardy claim. As for the culpability of respondents' counsel,
it is significant that the notice of the bar date in this case was outside the
ordinary course in bankruptcy cases. Normally, such a notice would be
prominently announced and accompanied by an explanation of its significance,
not inconspicuously placed in a notice regarding a creditors' meeting.
Pp. 16-17.
943 F. 2d 673, affirmed. PIONEER INV. SERVS. CO. v. BRUNSWICK ASSOC. III ____
Syllabus
WHITE, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and
BLACKMUN, STEVENS, and KENNEDY, JJ., joined. O'CONNOR, J., filed a dissenting
opinion, in which SCALIA, SOUTER, and THOMAS, JJ., joined.