In re Consolidated Freightways Corp.

OPINION AFFIRMING THE BANKRUPTCY COURT’S 2016 ORDER

Before the Court is a bankruptcy appeal from the United States Bankruptcy Court (the Honorable Wayne Johnson, United States Bankruptcy Judge) (the “Bankruptcy Court”). Appellants Crown Enterprises and Hayward Property, LLC appeal from the Bankruptcy Court’s January 2016 Order Denying Motion to Reopen Case for the Limited Purpose of Correcting Sale Order and Defective Deed (the “2016 Order”). (Excerpts of Record (“ER”) Ex. A (Docket No. 10-3)).

On April 27, 2016, Appellants filed their Opening Brief. (Docket No. 10). No Appel-lee has appeared in this case, although XPO Logistics Freight, Inc. has appeared as an Interested Party. On June 24, 2016, XPO filed an Objection to Bankruptcy Appeal or Alternatively Request for Continuance (“Request”). (Docket No. 17).

The Court has reviewed the papers filed in this appeal and held a hearing on June 27, 2016. Counsel for Appellants as well as XPO appeared at the hearing.

For the reasons stated below, the Court AFFIRMS the 2016 Order. The Bankruptcy Court did not abuse its discretion by refusing to reopen the bankruptcy proceeding. The Bankruptcy Court applied the correct law, and its…