noting that two purposes of Section 502(c)(1
How later courts described this case
- noting that two purposes of Section 502(c)(1
- finding that “the goals of promoting the restructuring of the Debtors’ obligations, the preservation of the Debtors’ business, and the Debtors’ emergence from chapter 11 are issues of significant public interest that are best met by denying the stay requested here.”
- “The Court can take judicial notice of matters of public record . . . including filings in related lawsuits. . . .”
- stating that courts are empowered to take judicial notice of public filings, including a court's docket
Written by the judges who cited it.
The opinion
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------x
In re:
Chapter 11
AMR CORPORATION, et al.,
Case No. 11-15463 (SHL)
Reorganized Debtors. Confirmed
-----------------------------------------------------------x
MEMORANDUM OF DECISION AND ORDER
Before the Court are two motions filed by Lawrence M. Meadows in the above-captioned
cases of American Airlines, Inc. (“American”) and its related debtor entities (collectively, the
“Reorganized Debtors”). The first is a request by Mr. Meadows to temporarily stay this Court’s
Order Granting Reorganized Debtors’ Motion to Estimate Maximum Amount of Proof of Claim
No. 9676 Under Bankruptcy Code Sections 105(a) and 502(c) [ECF No. 13361]1 (the
“Estimation Order”) for a period of no less than 14 days. See Creditor Lawrence M. Meadows
Motion to Stay Entry of Order Granting Reorganized Debtors’ Motion to Estimate Maximum
Amount of Proof of Claim No. 9676 Under Bankruptcy Code Sections 105(a) and 502(c) [ECF
No. 13362] (the “Stay Motion”). The second motion is a request for reconsideration of the
Estimation Order and also includes an additional request for a stay of the Estimation Order
pending appeal. See Creditor Lawrence M. Meadows’ Motion for Reconsideration of Order
Signed on 9/8/2021, Granting Debtor’s Motion to Estimate Maximum Amount of Proof of Claim
No. 9676 Under Bankruptcy Code Sections 105 (A) and 502 (C) (Doc 13361) Filed Pursuant to
Fed. R. Bnkr. [sic] P. Rule 9023, Seeking a New Trial or to Amend Judgement [sic] of Court’s
Order; and Motion to Stay any Subsequent Orders Approving a Final Distribution or Final
1 Unless otherwise indicated, references to the Case Management/Electronic Case Filing (“ECF”) docket are
to Case No. 11-15463.
Decree Closing These Proceedings, Pending Full Resolution of This Motion and Any Associated
Appeals [ECF No. 13365] (the “Reconsideration Motion”). For the reasons set forth below, the
Estimation Motion and the Stay Motion are both denied.
DISCUSSION
Familiarity with the underlying facts of this matter is presumed, including with this
Court’s prior Memorandum of Decision granting the Reorganized Debtors’ request for
estimation. See In re AMR Corp., 2021 Bankr. LEXIS 1867 (Bankr. S.D.N.Y. Jul. 14, 2021) (the
“Estimation Decision”). But some background is necessary for today’s ruling.
On March 2, 2021, the Reorganized Debtors filed a motion under Section 502(c) of the
Bankruptcy Code to estimate the amount of Claim No. 9676, which was filed by the U.S. Equal
Employment Opportunity Commission (the “EEOC”) in the Reorganized Debtors’ bankruptcy
cases. See Reorganized Debtors’ Motion to Estimate Maximum Amount of Proof of Claim No.
9676 Under Bankruptcy Code Sections 105(a) and 502(c) [ECF No. 13289] (the “Estimation
Motion”). The Estimation Motion requested that the Court estimate the maximum amount of the
EEOC claim at $9.95 million, which matched the settlement amount (the “Consent Decree”)
agreed to by the parties in an action brought by the EEOC against American in the United States
District Court for the District of Arizona (the “EEOC Lawsuit”). See In re AMR, 2021 Bankr.
LEXIS 1867, at *1-4. The Arizona District Court had previously approved the Consent Decree
in November 2017. See id. Mr. Meadows, a former pilot for American, filed an appeal in the
EEOC Lawsuit but the Court of Appeals for the Ninth Circuit affirmed the Arizona District
Court. See id.
After approval of the Consent Decree by the Arizona District Court, the Reorganized
Debtors sought approval of the same settlement in this Court under Federal Rule of Bankruptcy
Procedure 9019(a). See Motion of Debtors for Entry of Order Pursuant to Fed. R. Bankr. P.
9019(a) Approving Settlement Agreement Resolving Certain Pending EEOC Litigation [ECF No.
12861] (the “Settlement Motion”). This Court granted the Settlement Motion and entered an
order approving the Consent Decree in May 2018. See Agreed Order Pursuant to Fed. R. Bankr.
P.9019(a) Approving Settlement Agreement Resolving Certain Pending EEOC Litigation [ECF
No. 12898] (the “Settlement Order”). Mr. Meadows filed an appeal of the Settlement Order,
which is currently pending in the District Court for the Southern District of New York. See
Notice of Appeal of Creditor Lawrence M. Meadows [ECF No. 12912]; Meadows v. AMR Corp.
(In re AMR Corp.), No. 18-06149 (RA) (S.D.N.Y. July 6, 2018). Because the Settlement Order
is still on appeal in the Southern District of New York, the Consent Decree has not yet become
effective.2 As a result, there has been no distribution by the Reorganized Debtors for the benefit
of the potential claimants under the Consent Decree. In addition, the delay in the Consent
Decree becoming effective has prevented any further distributions in the Reorganized Debtors’
bankruptcy proceeding due to the need to hold monies in reserve with respect to the EEOC’s
claim. See Hr’g Tr. 30:14-20 (June 7, 2021) [ECF No. 13335] (the “Estimation Hearing”)
(noting that other claimants, primarily old equity, have been waiting for a distribution).
Given the delay in distributions in the bankruptcy cases caused by the appeal of the
Settlement Order, the Reorganized Debtors decided to seek Court approval to estimate the EEOC
claim using the number that the parties had reached in their settlement. As he had with the
Settlement Order, Mr. Meadows opposed the Estimation Motion. See Creditor Lawrence M.
Meadows Response and Objection to Reorganized Debtors’ Motion to Estimate Maximum
2 Under the terms of the parties’ settlement, Consent Decree does not become effective—and thus, the
EEOC’s claim will remain pending on the claims register in an unliquidated amount—until the Settlement Order is
final and non-appealable. See In re AMR, 2021 Bankr. LEXIS 1867, at *5. The final and non-appealable
requirement applies to both the proceedings before the Arizona District Court and the proceedings before this Court.
Amount of Proof of Claim No. 9676 Under Bankruptcy Code Sections 105(a) & 502(c) [ECF No.
13297]. An evidentiary hearing on the Estimation Motion was held before this Court on June 7,
2021. See generally Estimation Hearing Tr. On July 14, 2021, this Court issued the Estimation
Decision, which denied Mr. Meadows’ objection and approved the Estimation Motion. See
generally In re AMR Corp., 2021 Bankr. LEXIS 1867.
A. Reconsideration
The Reconsideration Motion seeks relief under Rule 9023 of the Federal Rules of
Bankruptcy Procedure, which makes Rule 59(e) of the Federal Rules of Civil Procedure
applicable to cases under the Bankruptcy Code. See Fed. R. Bankr. P. 9023. Rule 59(e)
authorizes the filing of a “motion to alter or amend a judgment.” Fed. R. Civ. P. 59(e).
Reconsideration is “an extraordinary remedy to be employed sparingly in the interests of finality
and conservation of scarce judicial resources.” In re Health Management Sys. Inc. Sec. Litig.,
113 F. Supp. 2d 613, 614 (S.D.N.Y. 2000) (quoting Wendy’s Int’l, Inc. v. Nu–Cape
Construction, Inc., 169 F.R.D. 680, 685 (M.D. Fla. 1996)). The burden rests with the movant.
See In re Crozier Bros., Inc., 60 B.R. 683, 688 (Bankr. S.D.N.Y. 1986). The standard for
granting a motion to alter or amend a judgment under Federal Rule 59(e) is “strict, and
reconsideration will generally be denied. . . .” Analytical Surveys, Inc. v. Tonga Partners, L.P.,
684 F.3d 36, 52 (2d Cir. 2012) (quoting Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir.
1995)). “A motion to amend the judgment will be granted only if the movant presents matters or
controlling decisions which the court overlooked that might have materially influenced its earlier
decision.” In Design v. Lauren Knitwear Corp., 1992 U.S. Dist. LEXIS 2203, at *3 (S.D.N.Y.
Feb. 24, 1992) (citing Morser v. AT & T Information Systems, 715 F. Supp. 516, 517 (S.D.N.Y.
1989); Travelers Insurance Co. v. Buffalo Reinsurance Co., 739 F. Supp. 209, 211 (S.D.N.Y.
1990)).
A motion under Rule 59(e) “must be narrowly construed and strictly applied in order to
discourage litigants from making repetitive arguments on issues that have been thoroughly
considered by the court.” Kim v. Bryant, 2021 U.S. Dist. LEXIS 165018, at *2 (S.D.N.Y. Aug.
27, 2021) (quoting Range Road Music, Inc. v. Music Sales Corp., 90 F. Supp. 2d 390, 391-92
(S.D.N.Y. 2000)). Such a request for relief “is not a vehicle for relitigating old issues, presenting
the case under new theories, securing a rehearing on the merits, or otherwise taking a ‘second
bite at the apple.’” Tonga Partners, 684 F.3d at 52 (quoting Sequa Corp. v. GBJ Corp., 156 F.3d
136, 144 (2d Cir. 1998)). Nor is it “an opportunity for a party to ‘plug[ ] the gaps of a lost
motion with additional matters.’” Cruz v. Barnhart, 2006 U.S. Dist. LEXIS 8368, at *4
(S.D.N.Y. Mar. 7, 2006) (quoting Carolco Pictures Inc. v. Sirota, 700 F. Supp. 169, 170
(S.D.N.Y. 1988)). “Arguments raised for the first time on a motion for reconsideration are
therefore untimely.” Cruz, 2006 U.S. Dist. LEXIS 8368, at *4 (citing Nat’l Union Fire Ins. Co.
of Pittsburgh, Pa. v. Stroh Cos., Inc., 265 F.3d 97, 115–16 (2d Cir. 2001)). “[I]t is improper for
the movant to present new material ‘because[,] by definition[,] material that has not been
previously presented cannot have been previously ‘overlooked’ by the court.’” In Design, 1992
U.S. Dist. LEXIS 2203, at *3 (quoting Consolidated Gold Fields, PLC v. Anglo Am. Corp. of
South Africa Ltd., 713 F. Supp. 1457, 1476 (S.D.N.Y. 1989)).
Mr. Meadows has not met the burden necessary for reconsideration of either the
Estimation Order or the Court’s underlying Estimation Decision. Mr. Meadows argues that the
Estimation Order is “neither in accordance with the Code nor SDNY practices and precedent, for
it fails to provide sufficient evidence that the estimate is reasonable, and completely ignores the
very real probability that Meadows Appeal(s) will prevail on the merits. . . .” Reconsideration
Motion at 5; see also id. at 18-19. But the Estimation Decision addresses both issues. See In re
AMR, 2001 Bankr. LEXIS 1867, at *19–27. The Reconsideration Motion raises neither matters
nor controlling decisions that the Court overlooked that would have materially influenced the
Reconsideration Decision, and it is therefore denied.
Mr. Meadows states that he was denied the right to put on expert and witness testimony
at the hearing. See Estimation Motion at 5. But Mr. Meadows had previously submitted a
description of the witness testimony that he intended to provide and was permitted to make a
proffer of that testimony at the hearing, all of which was considered by the Court. See Notice of:
Notice of Creditor Lawrence M. Meadows Witness List for Evidentiary Hearing on June 7th,
2021 at 11:00 a.m. [ECF No. 13330]; Estimation Hearing Tr. 36:20-39:8; see also Notice of
Service: Notice to Compel Witness Testimony of Brian Ostrom During U.S. Bankruptcy Court
Evidentiary Hearing on June 7th, 2021 at 11:00 a.m. [ECF No. 13330]; Notice of Service:
Notice to Compel Witness Testimony of Herman J. Straub During U.S. Bankruptcy Court
Evidentiary Hearing on June 7th, 2021 at 11:00 a.m. [ECF No. 13330]; Notice of Service:
Notice to Compel Witness Testimony of Edward Sicher During U.S. Bankruptcy Court
Evidentiary Hearing on June 7th, 2021 at 11:00 a.m. [ECF No. 13330]. In addition to this
proffer and the Court hearing extensively from Mr. Meadows himself, the Court also heard from
Mr. Straub during the hearing on the Estimation Motion. See Estimation Hearing Tr. 63:5-67:8.
Moreover, as noted by the Court at the hearing, the merits of the Consent Decree are not directly
at issue in the Estimation Motion; this Court’s approval of the Consent Decree is already on
appeal, and that record on appeal already includes Mr. Meadows’ arguments about the merits of
the Consent Decree. See Statement of Issues on Appeal and Designation of Items to be Included
in the Record of Lawrence M. Meadows [ECF No. 12923]; Debtors’ Statement of Issue
Presented on Appeal and Counterdesignation of Additional Items to be Included in Record on
Appeal [ECF No. 12929].
B. Stay Pending Appeal
The Stay Motion requests a stay of 14 days to allow for the filing of further pleadings,
while the Reconsideration Motion requests a stay pending appeal. A party seeking a stay
pending appeal must show that (1) it would sustain irreparable injury if a stay were denied; (2)
other parties would not suffer a substantial injury if a stay were granted; (3) the public interest
favors a stay; and (4) there is a substantial possibility of success on the merits of the appeal. See
Hirschfeld v. Bd. of Elections, 984 F.2d 35, 39 (2d Cir. 1992); In re Adelphia Communs. Corp.,
333 B.R. 649, 658-59 (S.D.N.Y. 2005). The moving party faces a heavy burden. See Adelphia,
333 B.R. at 659; see also United States v. Private Sanitation Indus. Ass'n of Nassau/Suffolk, Inc.,
44 F.3d 1082, 1084 (2d Cir. 1995). To obtain a stay, the party must "show satisfactory evidence
on all four criteria.” In re Turner, 207 B.R. 373, 375 (2d Cir. B.A.P. 1997); see also Adelphia,
333 B.R. at 659. In the past, courts have held that “[f]ailure to satisfy one prong of this standard
for granting a stay will doom the motion.” In re Turner, 207 B.R. at 375; ePlus, Inc. v. Katz (In
re Metiom, Inc.), 318 B.R. 263, 271 (S.D.N.Y. 2004). However, recent cases have “engaged in a
balancing process with respect to the four factors, as opposed to adopting a rigid rule.” In re
Chemtura Corp., 2010 Bankr. LEXIS 3988 (Bankr. S.D.N.Y. Nov. 8, 2010). The decision of
whether to grant the stay lies in the discretion of the court. See In re Overmyer, 53 B.R. 952, 955
(Bankr. S.D.N.Y. 1985).
The Court finds that the balance of the factors weigh against granting a stay pending
appeal. To start, the Court does not find that Mr. Meadows would sustain irreparable injury if
his request for a stay is denied. “A showing of probable irreparable harm is the principal
prerequisite for the issuance of a stay . . . and such harm must be neither remote nor speculative,
but actual and imminent.” In re Sabine Oil & Gas Corp., 548 B.R. 674, 681 (Bankr. S.D.N.Y.
2016) (internal citations and quotations omitted). Mr. Meadows has failed to make such a
showing. As noted in the Estimation Decision, Mr. Meadows does not have any pending claims
in these bankruptcy cases; all proofs of claim that he previously filed have been disallowed by
this Court. See In re AMR, 2021 Bankr. LEXIS 1867, at *16-17.3 Moreover, the Reorganized
Debtors previously acknowledged that pilots may participate under the terms of the settlement
between the Reorganized Debtors and the EEOC. See id. at *25-27. Nor does approval of the
Estimation Motion deprive Mr. Meadows of any rights that he may have with the EEOC for any
alleged ongoing discrimination. See id. at *19 n.8.
But other parties would suffer a substantial injury if a stay were granted. As noted in the
Estimation Decision, three years of delay necessitated by the appeals of Mr. Meadows have
prevented further distributions in the Reorganized Debtors’ bankruptcy proceeding given the
need to hold monies in reserve for an EEOC claim that would otherwise be undetermined in
amount, absent the settlement. See In re AMR, 2021 Bankr. LEXIS 1867, at *7-8. Numerous
parties have informed the Court that they have been waiting for this distribution to take place.
See In re AMR, 2021 Bankr. LEXIS 1867, at *14-15.4 Moreover, the EEOC claim subject to
3 Not only have Mr. Meadows’ claims been disallowed, but this Court was forced to take the extraordinary
step of issuing an order to enforce the discharge injunction under the Reorganized Debtors’ plan against Mr.
Meadows and to direct Mr. Meadows to withdraw various pending actions that violated that discharge injunction;
the same order enjoined him from filing additional litigation against American related to the termination of his
employment with American and his long-term disability benefits. This order was affirmed by both the District
Court for the Southern District of New York and the United States Court of Appeals for the Second Circuit. See In
re AMR Corp., 2016 WL 1559294 (Bankr. S.D.N.Y. April 14, 2016); aff’d sub nom., Meadows v. AMR Corp. (In re
AMR Corp.), 764 F. App’x 88, 89 (2d Cir. 2019).
4 Mr. Meadows also objects to the consideration of Mr. Fu’s letter in the Estimation Decision, arguing that it
was extrinsic evidence submitted by a non-party. See Reconsideration Motion at 4. But the Court is permitted to
take judicial notice of public filings on its own docket in a bankruptcy case. See Fed. R. Evid. 201; Teamsters Nat'l
estimation is among the few that remain to be resolved before the Reorganized Debtors can close
out these bankruptcy cases. See id. at *8; see also In re Sabine, 548 B.R. at 683 (in denying a
stay pending appeal, noting that “the Debtors’ ability to prosecute a plan and emerge from
bankruptcy would be completely constrained and the Debtors would be forced to incur the
expense and bear the uncertainty of maintaining their chapter 11 cases while waiting in appellate
limbo.”). Estimating the EEOC claim puts the Reorganized Debtors in a position to make
distributions to creditors and close out the bankruptcy cases, which would result in a significant
savings on future U.S. Trustee fees. See id.; see also In re Sabine, 548 B.R. at 683 (“[C]ourts
have recognized numerous harms resulting from the postponement of reorganization
proceedings, including . . . incurrence of administrative and professional expenses; . . . placing
plan settlements in jeopardy; and . . . exposing the equity to be granted to non-moving creditors
to market volatility and other risks.”) (citing In re Tribune Co., 477 B.R. 465, 478-80 (Bankr. D.
Del. 2012); ACC Bondholder Grp. V. Adelphia Communs. Corp. (In re Adelphia Communs.
Corp., 361 B.R. 337, 354 (S.D.N.Y. 2007)).
The public interest also does not favor a stay of the Estimation Order in these
circumstances. “The public interest favors compliance with court orders and timely resolution of
litigation.” In re Brown, 2020 Bankr. LEXIS 1537, at *30 (Bankr. S.D.N.Y. June 10, 2020). As
noted in the Estimation Decision, claims estimation is meant to provide “a means for a
Freight Indus. Negotiating Comm. et al. v. Howard's Express, Inc. (In re Howard's Express, Inc.), 151 F. Appx. 46,
48 (2d Cir. 2005) (stating that courts are empowered to take judicial notice of public filings, including
a court's docket); American Tissue, Inc. v. Donaldson, Lufkin & Jenrette Securities Corp., 351 F. Supp. 2d 79, 95 n.
17 (S.D.N.Y. 2004) (“The Court can take judicial notice of matters of public record . . . including filings in related
lawsuits. . . .”) (citing Rothman v. Gregor, 220 F.3d 81, 92 (2d Cir. 2000)); Katzenstein v. VII SV5556 Lender, LLC
(In re St. Vincent's Catholic Medical Centers of New York), 440 B.R. 587, 599 (Bankr. S.D.N.Y. 2010).
In any case, Mr. Fu’s letter (along with letters filed by other creditors) had a direct bearing on the issue of
delay in distributions from the Reorganized Debtors’ estate, which was a consideration in the Court’s approval of
the Estimation Motion. See In re AMR, 2021 Bankr. LEXIS 1867, at *14-15.
bankruptcy court to achieve reorganization, and/or distributions on claims, without awaiting the
results of legal proceedings that could take a very long time to determine.” In re Adelphia Bus.
Sols., Inc., 341 B.R. 415, 422 (Bankr. S.D.N.Y. 2003); see also In re Continental Airlines, Inc.,
981 F.2d 1450, 1461 (5th Cir. 1993) (noting that two purposes of Section 502(c)(1) are to “avoid
the need to await the resolution of outside lawsuits to determine issues of liability or amount
owed by means of anticipating and estimating the likely outcome of these actions,” and to
“promote a fair distribution to creditors through a realistic assessment of uncertain claims”).
“Estimation is effective . . for enabling bankruptcy cases, and chapter 11 cases in particular, to
move forward and to get recoveries into the pockets of creditors without delaying the whole
process as a consequence of a limited number of very complex claims.” In re Adelphia, 341
B.R. at 423. Granting a stay pending appeal now will prolong the same delay that granting the
Estimation Motion was meant to avoid. See In re AMR, 2001 Bankr. LEXIS 1867, at *17
(noting that Mr. Meadows has one appeal pending and that his papers discuss the possibility of a
second appeal; thus without the relief requested in the Estimation Motion, distributions in the
Reorganized Debtors’ cases would be delayed for a significant amount of time into the future);
see also In re Sabine, 548 B.R. at 685 (finding that “the goals of promoting the restructuring of
the Debtors’ obligations, the preservation of the Debtors’ business, and the Debtors’ emergence
from chapter 11 are issues of significant public interest that are best met by denying the stay
requested here.”) (internal citations omitted).
Nor is there a substantial possibility of success on the merits of an appeal. “The
‘substantial possibility of success’ test is considered an intermediate level between ‘possible’ and
‘probable’ and is ‘intended to eliminate frivolous appeals.’” In re Sabine, 548 B.R. at 683-84
(quoting In re 473 West End Realty Corp., 507 B.R. 496, 501 (Bankr. S.D.N.Y. 2014)). This
Court’s Reconsideration Decision thoroughly analyzed the probability of success of Mr.
Meadows’ pending appeal in the United States District Court for the Southern District of New
York, see In re AMR, 2021 Bankr. LEXIS 1867, at *20-26, and for those same reasons the Court
believes that there is not a substantial possibility of success on the merits for an appeal of the
Reconsideration Order.
As for the Stay Motion, Mr. Meadows requests additional time to file further pleadings,
asserting that his right to due process has been denied because he was not served with a copy of
the Estimation Order. See Reconsideration Motion at 2, 15-17. The Estimation Order was
entered on September 8, 2021, and the Court notes that Mr. Meadows had actual notice of the
Estimation Order by no later than September 16, 2021, the date that the Stay Motion was dated.
See Stay Motion at 2 (stating that Mr. Meadows had reviewed the docket via amrcaseinfo.com
and learned that the Court had entered the Estimation Order). Indeed, Mr. Meadows was able to
file both the Stay Motion and the Reconsideration Motion within 14 days of entry of the
Estimation Order.
Bankruptcy Rule 9022(a) provides that “[l]ack of notice of the entry does not affect the
time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the
time allowed, except as permitted in Rule 8002.” Fed. R. Bankr. P. 9022. Thus, “while notice is
often provided for the convenience of the litigants, lack of notice of the entry of the order
appealed from does not affect the time to appeal. In re Spiegel, Inc., 2007 Bankr. LEXIS 1279,
at *11 (Bankr. S.D.N.Y. Apr. 4, 2007), aff’d, 385 B.R. 35 (S.D.N.Y. 2008) (citing Twins Roller
Corp. v. Roxy Roller Rink Joint Venture, 70 B.R. 308, 311 (S.D.N.Y. 1987); Hirsch v. London
S.S. Owners’ Mut. Ins. Ass’n (In re Seatrain Lines ), 184 B.R. 660, 662 (Bankr. S.D.N.Y. 1995)).
“[T]o ensure timely appeal, a party must monitor the docket for the entry of an order it wishes to
appeal. Id. (citing Miyao v. Kuntz (In re Sweet Transfer & Storage, Inc.), 896 F.2d 1189, 1193
(9th Cir. 1990)). “As a party has this independent duty, ‘a third party's failure to inform a party
of entry of final judgment is not grounds for excusable neglect.’” Id. (citing In re Hess, 209
B.R. at 82; In re Seatrain Lines, Inc., 184 B.R. at 662). But in any event, Mr. Meadows’ time to
appeal the Estimation Order was automatically tolled by his timely filing of the Reconsideration
Motion. See Fed. R. Bankr. P. 8002(b)(1).5 Mr. Meadows therefore has the time period
permitted by Bankruptcy Rule 8002(b)(1) to file any appeal of the Estimation Order, making a
temporary stay of that Order unnecessary.
CONCLUSION
For the reasons set forth above, the Reconsideration Motion and the Stay Motion are
denied. The Debtors shall serve a copy of this Memorandum of Decision and Order on Mr.
Meadows by overnight mail and file proof of such service on the Case Management/Electronic
Case Filing Docket. Additionally, the Court requests that all future service by the Reorganized
Debtors upon Mr. Meadows in these bankruptcy cases be made by overnight mail.
IT IS SO ORDERED.
Date: New York, New York
October 28, 2021
/s/ Sean H. Lane
UNITED STATES BANKRUPTCY JUDGE
5 Fed. R. Bankr. P. 8002(b)(1) provides in relevant part:
If a party files in the bankruptcy court any of the following motions and does so within the time
allowed by these rules, the time to file an appeal runs for all parties from the entry of the order
disposing of the last such remaining motion . . . (C) to alter or amend the judgement under Rule
9023. . . .”
Fed. R. Bankr. P. 8002(b)(1)(C).
COPIES TO:
By U.S. Mail:
Lawrence M. Meadows
P.O. Box 4344
Park City, UT 84060
By Electronic Mail:
lawrencemeadows@yahoo.com