In Re: Tronox Incorporated

Background

Tronox Incorporated began a Chapter 11 bankruptcy proceeding in 2009. The confirmed reorganization plan created a Tort Claims Trust to pay certain tort claims. The bankruptcy court later established standards for deciding whether claims qualified as “future” tort claims, including claims involving exposure, injury, or disease occurring after the August 12, 2009 deadline for filing proofs of claim.

After litigation produced more than $600 million for the Trust, many additional people sought payments from it. The bankruptcy court’s March 10, 2021 decision addressed more than 4,000 purported future tort claims, including the seven appellants’ motions. The bankruptcy court denied those motions and entered final orders rejecting the claims on July 16, 2021. The court and the Trust notified the appellants that July 30, 2021 was the deadline for filing notices of appeal. Each appellant filed a notice on August 2, 2021.

Jurisdiction and Timeliness

Federal Rule of Bankruptcy Procedure 8002(a)(1) requires a notice of appeal to be filed within 14 days after entry of the order being appealed. The court stated that this deadline is jurisdictional, meaning that missing it deprives the district court of authority to consider the appeal. The filing date is the date the bankruptcy clerk receives the notice, rather than the date the appellant signs or mails it. The court stated that this rule also applies to people representing themselves, although the opinion does not identify the representation status of each appellant.

Because the bankruptcy court entered its orders on July 16, the deadline was July 30. The notices were received on August 2, three days late. The district court therefore concluded that it lacked jurisdiction to consider the appeals’ merits.

Disposition

Judge John P. Cronan granted Garretson Resolution Group, Inc., doing business as Epiq Mass Tort, in its capacity as trustee of The Tronox Incorporated Tort Claims Trust, the motion to dismiss the seven appeals as untimely. The court dismissed the appeals and directed the Clerk of Court to enter the order in and terminate the seven related actions: Brenda Williams v. Tronox Incorporated; Otis Williams v. Tronox Incorporated; Loria Porter v. Tronox Incorporated; Freddie Porter v. Tronox Incorporated; Lash v. Tronox Incorporated; Cotton v. Tronox Incorporated; and Morris v. Tronox Incorporated. The court did not decide whether the underlying future tort claims were valid.