Bankr. E.D.N.C.: In re Harrelson Utilities- Motion to Reopen for Clarification of Settlement as Rule 60 Reconsideration

Summary: Ferguson Enterprises and People’s United Equipment Finance Corp. (formerly Financial Federal Credit Inc.) filed a joint motion to reopen the Debtor’s Chapter 11 case, seeking clarification and enforcement of a settlement agreement. In response, Blue Ridge Site Development asserted that the accounting in that settlement agreement was erroneous and Ferguson and People’s had been overpaid in the amount of $28,287.90. Ferguson and People’s then withdrew their motion to reopen and Blue Ridge itself then sought to reopen the case, seeking to have the accounting reviewed, partly on the basis of alleged lack of service of the original settlement. The bankruptcy court found that Blue Ridge admitted it had received several bankruptcy notices during the case and was unpersuaded that the notices in question were not similarly received. Further, the bankruptcy court held that the Motion to Reopen by Blue Ridge was, in effect, a Motion to reconsider under Rule 60, but such a motion must be made “no more than a year after the entry of the judgment or order.” Fed. R. Civ. Pro 60(c)(1). Here the Motion by Blue Ridge was nearly two months beyond the allowable time. For a copy of the opinion, please see: Harrelson Utilities- Motion to Reopen for Clarification of Settlement as Rule 60 Reconsideration.pdf