U.S. Court of Appeals for the Ninth Circuit, 1996

Birting Fisheries, Inc. v. Lane (In re Birting Fisheries, Inc.)

U.S. Court of Appeals for the Ninth Circuit · Decided August 12, 1996 · Reavley, Reinhardt, Wiggins

92 F.3d 939; 96 Daily Journal DAR 9813; 96 Cal. Daily Op. Serv. 6001; 1996 U.S. App. LEXIS 20104 (Federal Reporter, Third Series)

Counsel

Ronald W. Goss, Shulldn Hutton Inc., P.S., Seattle, Washington, for appellant., Scott Edward Collins, Helsell, Fetterman, Todd & Hokanson, Seattle, Washington, for appellees.

Cases that cite this one

4 later published cases cite this decision. The 3 that cite it most often are listed here.

Palmdale Hills Property, LLC v. Lehman Commerical Paper, Inc. (In re Palmdale Hills Property, LLC) (United States Bankruptcy Appellate Panel of The Ninth Circuit 2011)
Cano v. GMAC Mortgage Corp. (In re Cano) (United States Bankruptcy Court, S.D. Texas 2009)
In re Craft (United States Bankruptcy Court, N.D. Texas 2005)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM:

Debtor Birting Fisheries, Inc., appeals the district court’s order, affirming a bankruptcy court order certifying a proof of claim filed by James Lane et al. for themselves and a class comprised of present and former crew-members of a fishing vessel owned by the debtor. The class certification is not itself challenged, only the proof of claim on behalf of the class. While the debtor makes a plausible argument that 11 U.S.C. § 501 does not allow the filing of a class proof of claim, we conclude that the bankruptcy code should be construed to allow class claims.

*940Three circuits have previously considered this question,1 and all have construed the code as we do. Those courts have fully discussed the arguments and explained their decision. We concur.

AFFIRMED.

. Reid v. White Motor Corp., 886 F.2d 1462 (6th Cir. 1989), cert. denied, 494 U.S. 1080, 110 S.Ct. 1809, 108 L.Ed.2d 939 (1990); In re Charter Co., 876 F.2d 866 (11th Cir. 1989), cert. dismissed, 496 U.S. 944, 110 S.Ct. 3232, 110 L.Ed.2d 678 (1990); In the Matter of American Reserve Corp., 840 F.2d 487 (7th Cir. 1988); cf. In re Standard Metals Corp., 817 F.2d 625 (10th Cir. 1987), vacated and reversed on other grounds sub. nom. Sheftelman v. Standard Metals Corp., 839 F.2d 1383 (10th Cir. 1987), cert. dismissed, 488 U.S. 881, 109 S.Ct. 201, 102 L.Ed.2d 171 (1988).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.