In Re: MSR Resort Golf Course LLC, No. 1:2012cv01747 - Document 9 (S.D.N.Y. 2012)
Court Description: OPINION & ORDER: Accordingly, Continental Illinois' appeal is dismissed. The Clerk of the Court is directed to enter judgment and to terminate this case. (Signed by Judge Paul A. Crotty on 12/13/2012) Copies Mailed By Chambers (djc)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----.------------.------ -- ----- -- ------- ------ ------- --------- x In re: MSR Resort Golf Course LLC, et aI. , USDC SDNY DOCUMENT ELECTRON ICALL Y FILED DOC # : .~~~__~~ DATE FILED: Decem ber N . 2012 Debtors II -BK-10372 (SHL) Co nt inental lliinois Holdi ng Corporation, Appellant, 12 C iv. 01747 (PAC) -against- OPINION & ORDER MSG Reso rt Gol f Course LLC, e\ a!., Appellees -----------------.---------.---------.-------------------. --- x HONORABLE PAUL A. C ROTTY, Uniled Slates District Judge: On March 9, 20 12, appe! lant Continental Illinois Holding Corporation ("Cont inental Illinois") , ap pearing pro se through Matthe w Leclmer (" Lechner") , appea led an order entered on January 24 , 20 12, by the United States District Bankrup tcy Court for the Sou thern Di strict of New York. See Notice o f Appeal, Mar. 9, 20 12, Dk t. No . I. In that order, Continental lIIinois ' objecti on to the sale of th e Dora l Go lf Resort and Spa in Miami, F lorida, by debtor-appe llee MSR Resort Golf Co urse LLC ("MSR"), was deni ed for various reasons stated on the record by Judge Sea n H. Lane, see Hr 'g Tr. at 31-35. In re MSR Resort Go lf Course LLC , No. ll-BK 10372 (S.D.N.Y. Ba nk r. Jan. 24, 2012), including, flllcr alia, th at Mr. Lechner was not entit led to " represent a corpo ration pro se" becau se '" it is well establi shed that a laym an may not represent a co rpora tion , even i[ the sale shareholder .'" lfL at 33-34 (quoti ng U.S. ex reI Mcrgctn Servs. v. Flahert y, 540 F.3d 89, 92 (2d e ir. 2008». The debtor-appellee fil ed the ins.tant brief, seeking to dismiss Contin ental Illinois ' appeal and to aftiml Judge Lane 's decision, on April! !, 2012. To date, Continentall1linois has fai led to fil e its response. On appeal, a bankruptcy court's conclusions oflaw are reviewed de novo. In re Wirel ess Data, Inc. , 547 F.3d 484, 492 (2d C ir. 2008). It is unnecessary to address all of Judge Lane 's conclusion s of law because it is clear Ihat '''col1lOrations and partnerships, both of which are fiction al persons, are unable to represent tJlemse lves and . . . the o nl y proper represent ati ve of a corporation or partnership is a licensed attorney, not an un licensed layman regardless o f how close hi s association with the partners hip or corporation. '" Eagle Assocs. v. Bank of Montreal, 926 F.2d 1305, 1309 (2d C'r. 199 1) (quot ,ng Tumer Y. Am. Bar Ass 'n, 407 F. Supp. 45 1, 476 (D . A la. 1975»; see a lso Farrell Family Ventures. LLC v. Sekas & Assocs .. LLC, 863 F. Supp . 2d 324, 335 (S.D. N. Y. 20 12) ("[ilt has been the law fo r the better part o f two celllunes ... thaI a corporation may appear in the federal courts only through licensed counsel" (quoting Rowland v. Cali. Men's Co lony, 506 U.S. 194,20 1-02 (1993))). According ly, Conlinental Illinois ' appeal is di s mi ssed. The C lerk of the Court is directed to enter judgment and to terminate thi s case. Dated: New York, New York December 13 , 2012 SO OROERED PAUL A. CROTTY Uni ted Stales Dislricl Judge Copy Mailed By Chambers To: Continental Illinois Holding Corporation clo Manhew W. Lechner 6 The Mews p Westport. CT 06880-44 J 0
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