Birting Fisheries, Inc. v. Lane (In re Birting Fisheries, Inc.)
Opinion
Lead Opinion
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.
*940 Three 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…