Appeal from the United States District Court for the District of New Jersey-Newark, D.C. Civil No. 87-1617.
Weis,*fn* Greenberg and Aldisert, Circuit Judges.
We must decide whether the district court erred in affirming a bankruptcy court order denying appellant leave to file an amended proof of claim. Because we conclude that the bankruptcy court had no discretion to allow the late filing of a claim on the facts of this case, we will affirm.
On January 11, 1984, Vertientes, Ltd. filed a voluntary petition for reorganization under Chapter 11 of the Bankruptcy Reform Act of 1978, 11 U.S.C. §§ 1101-1174. Vertientes listed a $1.2 million loan from Internor Trade, Inc. as a disputed debt. On January 31, 1984, the bankruptcy court ordered a meeting of Vertientes' creditors. The order stated:
Creditors whose claims are not listed or whose claims are listed as disputed, contingent, or unliquidated as to amount and who desire to participate in the case or share in any distribution must file their proofs of claim on or before the last day fixed for filing a proof of claim. Any creditor who desires to rely on the lists has the responsibility for determining that he is accurately listed.
ANY CREDITOR OR EQUITY SECURITY HOLDER WHOSE CLAIM OR INTEREST IS NOT SCHEDULED OR SCHEDULED AS DISPUTED, CONTINGENT OR UNLIQUIDATED SHALL FILE A PROOF OF CLAIM OR INTEREST WITHIN 90 DAYS AFTER THE DATE SET FOR THE MEETING OF CREDITORS CALLED UNDER 341-A OF THE CODE OR UNLESS OTHERWISE MODIFIED BY THE COURT.
Internor did not appear at the creditors' meeting, which was held as scheduled on February 27, 1984. Nor did Internor file a proof of claim. On May 2, 1985, Vertientes filed a Disclosure Statement and Plan of Reorganization with the bankruptcy court. Counsel for Vertientes provided copies of both to counsel for Internor. Internor made no objections. On September 24, 1985, the bankruptcy court issued an order confirming Vertientes' reorganization plan. Internor did not appeal the order.
In the interim, on April 11, 1984, Vertientes filed a complaint against Internor seeking to subordinate Internor's disputed claim to the claims of Vertientes' shareholders. Because of various procedural delays, this action dragged on for over two years. On September 11, 1986, Internor answered Vertientes' second amended complaint, counterclaiming for recovery of the $1.2 million debt. Vertientes moved to strike the counterclaim on the ground that Internor had never filed a proof of claim in the Chapter 11 action. Internor then moved for leave to file an amended proof of claim. The bankruptcy court denied Internor's motion, finding that the motion was not timely. The district court affirmed and Internor appeals.
The district court had jurisdiction under 28 U.S.C. § 1334. We have jurisdiction under 28 U.S.C. § 1291. The appeal was ...