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Monday, October 18, 2004

Indiana Decisions - 7th Circuit posts two (so far) today

Travis Boats v. Outboard Marine (ND Il.)

Before BAUER, MANION, and KANNE, Circuit Judges.
BAUER, Circuit Judge. Appellant-Creditor Travis Boats & Motors, Incorporated (“Travis Boats”), appeals from a bankruptcy court order that disallowed its claim in the Outboard Marine Corporation (“OMC”) Chapter 7 bankruptcy proceeding for failure to timely file a proof of claim. The Notice of Claims Bar Date required creditors to mail their proofs of claim to a designated post office box so as to be received by the OMC claims agent by November 15, 2002. Travis Boats faxed its proof of claim to counsel for the OMC bankruptcy trustee on November 15, 2002. The trustee objected to the claim as untimely, and the bankruptcy court sustained the objection, disallowing Travis Boats’ claim. The district court affirmed. We affirm the bankruptcy court’s conclusion about the timeliness of Travis Boats’ claim, but we reverse the court’s decision to disallow the claim. * * *

Travis Boats’ final argument is one that will likely make no practical difference in this bankruptcy proceeding. Under 11 U.S.C. § 726(a)(3), when a proof of claim for an unsecured debt is tardily filed in a Chapter 7 proceeding (with an exception not applicable here), it is subordinated to the timely-filed unsecured claims and the other claims listed in 11 U.S.C. § 726(a)(1) and (2). In this case, the bankruptcy court disallowed Travis Boats’ untimely claim rather than subordinating it. * * * As a consequence, though it may make no practical difference in the end, we reverse the bankruptcy court’s decision to disallow the claim, and we hold that Travis Boats’ untimely claim is subordinated to the timely-filed claims in accordance with 11 U.S.C. § 726(a)(3).

Miles, Robert v. State of Indiana (SD Ind., Richard L. Young, Judge)
Before RIPPLE, MANION and WILLIAMS, Circuit Judges.
RIPPLE, Circuit Judge. On November 3, 1998, Robert Miles filed a complaint in which he alleged racial discrimination and retaliation by his employer, the Indiana State Police, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. The jury rendered a $50,000 verdict for Officer Miles on the retaliation claim. It returned a verdict for the State Police on the race discrimination claim. On March 30, 2001, Officer Miles filed a motion for equitable relief in which he sought a promotion or front pay, an injunction prohibiting the State Police from future retaliation and an order requiring the Indiana State Police to post a non-retaliation policy. The district court denied the requested injunctive relief and, instead, required that the State Police restructure Officer Miles’ current position to include supervisory responsibilities. Officer Miles now appeals the denial of his requested equitable relief. For the reasons set forth in this opinion, we affirm the judgment of the district court.

Posted by Marcia Oddi on October 18, 2004 12:16 PM
Posted to Indiana Decisions