Bankr. L. Rep. P 71,756 in the Matter of Joe Ben Colley, Debtor. Joe Ben Colley v. Nat'l Bank of Texas, Joe Ben Colley v. West Texas Wholesale Supply, 814 F.2d 1008 (5th Cir. 1987). · Go Syfert
Bankr. L. Rep. P 71,756 in the Matter of Joe Ben Colley, Debtor. Joe Ben Colley v. Nat'l Bank of Texas, Joe Ben Colley v. West Texas Wholesale Supply, 814 F.2d 1008 (5th Cir. 1987). Cases Citing This Book View Copy Cite
169 citation events (110 in the last 25 years) across 45 distinct courts.
Strongest positive: In re: Animo Services, LLC; Areya Holder Aurzada, Trustee v. Eastbanc Technologies, LLC (txnb, 2026-03-11)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) In re: Animo Services, LLC; Areya Holder Aurzada, Trustee v. Eastbanc Technologies, LLC (2×) also: Cited as authority (rule)
Bankr. N.D. Tex. · 2026 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
we interpret rule 9024 to provide that, when a proof of claim has in fact been litigated between parties . . . the litigants must seek reconsideration . . . pursuant to the usual rule 60 standards . . . .
examined Cited as authority (verbatim quote) Galmor's/G&G Steam Service, Inc.
Bankr. N.D. Tex. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
as the advisory committee note to bankruptcy rule 3008 evidences, the bankruptcy court's discretion in deciding whether to reconsider a claim is virtually plenary, as the court may decline to reconsider without a hearing or notice to the parties involved.
examined Cited as authority (verbatim quote) Michael Stephen Galmor
Bankr. N.D. Tex. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
as the advisory committee note to bankruptcy rule 3008 evidences, the bankruptcy court's discretion in deciding whether to reconsider a claim is virtually plenary, as the court may decline to reconsider without a hearing or notice to the parties involved.
discussed Cited as authority (rule) Pier 1 Imports, Inc.
Bankr. E.D. Va. · 2024 · confidence medium
“In determining whether cause exists under Bankruptcy Rule 3008, courts look to [Bankruptcy Rules] 9023 and 9024 which incorporate [Civil Rules] 59 and 60.” In re Starlight Grp., LLC, 515 B.R. at 293 (first citing United States v. Levoy (In re Levoy), 182 B.R. 827 (B.A.P. 9th Cir. 1995); then citing Colley v. Nat’l Bank of Tex. (In re Colley), 814 F.2d 1008, 1010 (5th Cir. 1987); then citing Ark.
discussed Cited as authority (rule) Porter Development Partners, LLC and PPP Management, LLC
Bankr. S.D. Tex. · 2023 · confidence medium
If the Claims have in fact been litigated, Rule 60 20 Colley v. Nat'l Bank of Tex. (In re Colley), 814 F.2d 1008, 1010 (5th Cir. 1987) (internal citations omitted). 21 Id. 22 See id. 23 Id. 24 Ruth v. LVNV Funding, Inc. (In re Ruth), 473 B.R. 152, 162 (Bankr.
discussed Cited as authority (rule) Mattlage-Thurmond v. First National Bank of McGreg
5th Cir. · 2022 · confidence medium
Matter of Baudoin, 981 F.2d 736, 742 (5th Cir. 1993) (citing Matter of Colley, 814 F.2d 1008, 1010 (5th Cir.), cert. denied, 484 U.S. 898 , 108 S. Ct. 234 (1987)). 6 Case: 22-50032 Document: 00516438121 Page: 7 Date Filed: 08/18/2022 No. 22-50032 Thus, the bankruptcy court’s February 26, 2020 entry of the Agreed Order, which allowed the Bank to file a proof of claim, is a final judgment.
discussed Cited as authority (rule) Trigee Foundation Inc v. Sherman
Bankr. D.C. · 2021 · confidence medium
As held in Colley v. National Bank of Texas (In re Colley), 814 F.2d 1008, 1010 (5th Cir. 1987), “when a proof of claim has in fact been litigated between parties to a bankruptcy proceeding, the litigants must seek reconsideration of the court’s determination pursuant to the usual Rule 60 standards if they elect not to pursue a timely appeal of the original order allowing or disallowing the claim.” Trigee had no valid basis for reconsideration under Rule 60.
cited Cited as authority (rule) In re Anderson
Bankr. N.D. Miss. · 2015 · confidence medium
Tex. Wholesale Supply (Matter of Colley), 814 F.2d 1008, 1010 (5th Cir.1987).
discussed Cited as authority (rule) Slobodian v. Capital for Merchants, LLC (In re ABS Ventures, Inc.)
Bankr. M.D. Penn. · 2014 · confidence medium
Fla. Telecomm., Inc., 234 B.R. 137, 141 (Bankr.M.D.Fla.1998) (citing Matter of Colley, 814 F.2d 1008, 1010 (5th Cir.1987), cert. denied 484 U.S. 898 , 108 S.Ct. 234 , 98 L.Ed.2d 193 (1987) (“The bankruptcy court has broad discretion in deciding whether to reconsider a claim.”). 3 Section 502(j), however, provides no guidance as to what constitutes cause for reconsideration of a claim.
cited Cited as authority (rule) Debra Pettry v. Patriot Coal Corp.
8th Cir. BAP · 2014 · confidence medium
Halverson v. Estate of Cameron (In re Mathiason), 16 F.3d 234, 239 (8th Cir. 1994) (citing Colley v. Nat’l Bank of Texas (In re Colley), 814 F.2d 1008, 1010 (5th Cir. 1987) and Employment Sec.
cited Cited as authority (rule) Pettry v. Patriot Coal Corp. (In re Patriot Coal Corp.)
8th Cir. BAP · 2014 · confidence medium
Halverson v. Estate of Cameron (In re Mathiason), 16 F.3d 234, 239 (8th Cir.1994) (citing Colley v. Nat’l Bank of Texas (In re Colley), 814 F.2d 1008, 1010 (5th Cir.1987) and Employment Sec.
discussed Cited as authority (rule) Ruth v. LVNV Funding, Inc. (In re Ruth) (2×) also: Cited "see"
Bankr. S.D. Tex. · 2012 · confidence medium
Colley v. Nat’l Bank of Tex. (In re Colley), 814 F.2d 1008, 1010 (5th Cir.1987) (internal citations omitted).
examined Cited as authority (rule) In Re Wilkinson (4×) also: Cited "see", Cited "see, e.g."
Bankr. W.D. Tex. · 2011 · confidence medium
Mar. 30, 2000) (citing Colley v. Nat’l Bank of Texas (In re Colley), 814 F.2d 1008, 1010 (5th Cir.1987)).
discussed Cited as authority (rule) In Re Jack Kline Co., Inc.
Bankr. S.D. Tex. · 2010 · confidence medium
If reconsideration is granted, the court may readjust the claim in any fashion “according to the equities of the case.” Colley v. Nat’l Bank of Tex. (In re Colley), 814 F.2d 1008, 1010 (5th Cir.1987) (internal citations omitted) (emphasis added).
examined Cited as authority (rule) In Re Morningstar (4×) also: Cited "see", Cited "see, e.g."
Bankr. N.D. Ind. · 2010 · confidence medium
In re Adkins, 425 F.3d 296, 308 (6th Cir.2005); In re Mathiason, 16 F.3d 234, 239 (8th Cir.1994); Matter of Colley, 814 F.2d 1008, 1010 (5th Cir.1987); In re Adams, 275 B.R. 274, 280 (Bankr.ND.Ill.2002).
discussed Cited as authority (rule) Georgia Department of Revenue v. Mouzon Enterprises, Inc. (In Re Mouzon Enterprises, Inc.)
11th Cir. · 2010 · confidence medium
Id., at 1010; While we agree that litigation of a proof of claim would create a “contest” under the Bankruptcy Rules, we do not read the above quoted language as requiring actual litigation as a condition *1335 precedent for implicating the one-year limitations period of Rule 9024.
discussed Cited as authority (rule) Litton Loan Servicing, L.L.P. v. Eads (In Re Eads) (2×) also: Cited "see"
Bankr. E.D. Tex. · 2009 · confidence medium
"Contest” in the context of Bankruptcy Rule 9024 generally means "litigation.” See, e.g., In re Colley, 814 F.2d at 1010 (“We interpret Rule 9024 to provide that, when a proof of claim has in fact been litigated between parties to a bankruptcy proceeding, the litigants must seek reconsideration of the bankruptcy court's determination pursuant to the usual Rule 60 standards if they elect not to pursue a timely appeal of the original order allowing or disallowing the claim.”).
cited Cited as authority (rule) Alfred v. Allen Correctional Center
5th Cir. · 2009 · confidence medium
Matter of Colley, 814 F.2d 1008, 1010-11 (5th Cir.1987).
cited Cited as authority (rule) Jackson v. TLC Liquidation Trust (In Re Tender Loving Care Health Services, Inc.)
2d Cir. · 2009 · confidence medium
Id. at 1010.
cited Cited as authority (rule) Pleasant v. TLC Liquidation Trust
2d Cir. · 2009 · confidence medium
Id. at 1010.
discussed Cited as authority (rule) Pleasant v. TLC Liquidation Trust (In Re Tender Loving Care Health Care Services, Inc.)
E.D.N.Y · 2007 · confidence medium
If reconsideration is granted, the court may readjust the claim “according to the equities of the case.” 11 U.S.C. § 502 (j). 5 “The court’s broad discretion should not, however, encourage parties to avoid the usual rules for finality of contested matters.” Colley v. Nat’l Bank of Texas (In re Colley), 814 F.2d 1008, 1010 (5th Cir.1987).
cited Cited as authority (rule) In re Gonzalez
Bankr. W.D. Tex. · 2007 · confidence medium
Matter of Colley, 814 F.2d 1008, 1010 (5th Cir.1987); see also Fed.
cited Cited as authority (rule) Rodriguez v. Doral Financial Corp.
1st Cir. BAP · 2007 · confidence medium
See In re Public Service Co. of New Hampshire, 963 F.2d 469, 471-72 (1st Cir.1992); Matter of Colley, 814 F.2d 1008, 1010 (5th Cir.1987).
discussed Cited as authority (rule) Santos v. Mender (In Re Santos) (2×)
1st Cir. BAP · 2006 · confidence medium
The discretion to reconsider “should not ... encourage parties to avoid the usual rules for finality of contested matters.” See Colley v. National Bank of Texas (In re Colley), 814 F.2d 1008, 1010 (5th Cir.1987).
discussed Cited as authority (rule) In Re Enron Corp.
Bankr. S.D.N.Y. · 2006 · confidence medium
“As the Advisory Committee Note to Bankruptcy Rule 3008 evidences, the bankruptcy court’s discretion in deciding whether to reconsider a claim is virtually plenary....” In the Matter of Colley, 814 F.2d 1008, 1010 (5th Cir.1987) (citing Fed.
discussed Cited as authority (rule) In Re Andrews
Bankr. E.D. La. · 2006 · confidence medium
Abraham v. Aguilar (In re Aguilar), 861 F.2d 873 (5th Cir.1989); Colley v. West Texas Wholesale Supply (In re Colley), 814 F.2d 1008, 1010 (5th Cir.1987), rehearing denied, 818 F.2d 443 (5th Cir.1987), ce rt. denied, 484 U.S. 898 , 108 S.Ct. 234 , 98 L.Ed.2d 193 (1987).
discussed Cited as authority (rule) Adkins v. Daimler Chrysler
6th Cir. · 2005 · confidence medium
Colley v. Nat’l Bank of Texas (In re Colley), 814 F.2d 1008, 1010 (5th Cir.)(calling a bankruptcy court’s discretion to reconsider a claim under § 502(j) “virtually plenary”), cert. denied, 484 U.S. 898 (1987).
discussed Cited as authority (rule) In Re: Matthew Adkins, Debtor. David Wm. Ruskin, Trustee v. Daimlerchrysler Services North America, L.L.C., (Creditor) (2×)
6th Cir. · 2005 · confidence medium
Colley v. Nat’l Bank of Texas (In re Colley), 814 F.2d 1008, 1010 (5th Cir.)(calling a bankruptcy court’s discretion to reconsider a claim under § 502(j) “virtually plenary”), cert. denied, 484 U.S. 898 , 108 S.Ct. 234 , 98 L.Ed.2d 193 (1987).
examined Cited as authority (rule) Pride Companies, L.P. v. Johnson (In Re Pride Companies, L.P.) (3×) also: Cited "see", Cited "see, e.g."
Bankr. N.D. Tex. · 2002 · confidence medium
If reconsideration is granted, the court may readjust the claim in any fashion according to the equities of the case.” Col *370 ley v. National Bank of Tex. (In the Matter of Colley), 814 F.2d 1008, 1010 (5th Cir.1987) (internal quotation omitted).
cited Cited as authority (rule) In Re Muy Bueno Corp.
Bankr. W.D. Tex. · 2001 · confidence medium
Matter of Colley, 814 F.2d 1008, 1010 (5th Cir.1987).
discussed Cited as authority (rule) In Re Burlington Motor Holdings, Inc.
Bankr. D. Del. · 1998 · confidence medium
E.g., Matter of Colley, 814 F.2d 1008, 1010 (5th Cir.1987) (lower court did not abuse discretion in denying motion for reconsideration where movant did not *719 cite any specific Rule 60(b) ground, or even generally assert cause for reconsideration under section 502(j), and thus “did not even get his foot in the door”).
cited Cited as authority (rule) In Re Frank J. Stangel, Debtor. Frank J. Stangel v. United States
5th Cir. · 1996 · confidence medium
See Latham v. Wells Fargo Bank, N.A., 987 F.2d 1199, 1202-03 (5th Cir.1993); *860 Colley v. National Bank of Texas, 814 F.2d 1008, 1010 (5th Cir.1987).
cited Cited as authority (rule) Matter of Bernard
Bankr. N.D. Ga. · 1996 · confidence medium
Bank of Tex. (In re Colley), 814 F.2d 1008, 1010 (5th Cir.1987).
cited Cited as authority (rule) Barton v. United States, Internal Revenue Service (In Re Barton)
Bankr. W.D. Mich. · 1993 · confidence medium
Colley v. National Bank of Texas (In re Colley), 814 F.2d 1008, 1010 (5th Cir.1987); Employment Sec.
discussed Cited as authority (rule) Bank of Lafayette v. Baudoin (In Re Baudoin) (2×)
5th Cir. · 1993 · confidence medium
Though perhaps less clearly, we read our prior holdings to establish that an order allowing a proof of claim is, likewise, a final judgment. 14 See Matter of Colley, 814 F.2d 1008, 1010 (5th Cir.), cert. denied, 484 U.S. 898 , 108 S.Ct. 234 , 98 L.Ed.2d 193 (1987). 15 *743 3.
discussed Cited as authority (rule) Matter of Baudoin (2×)
5th Cir. · 1993 · confidence medium
Though perhaps less clearly, we read our prior holdings to establish that an order allowing a proof of claim is, likewise, a final judgment. 14 See Matter of Colley, 814 F.2d 1008, 1010 (5th Cir.), cert. denied, 484 U.S. 898 , 108 S.Ct. 234 , 98 L.Ed.2d 193 (1987). 15 3. 25 Finally, we examine the identity of the causes of action.
discussed Cited as authority (rule) 24 Collier bankr.cas.2d 725, Bankr. L. Rep. P 73,817 in Re International Yacht and Tennis, Inc., Debtor. International Yacht and Tennis, Inc., Douglas P. Johnson and David Casani, President of Inter. Yacht and Tennis, Inc., Non-Party v. Nathan Wasserman (2×) also: Cited "see"
11th Cir. · 1991 · confidence medium
Despite Casani's affidavit, which claimed that no consideration was given for the mortgage, the district court surmised that Le Club did not "explicitly or implicitly assert fraud, newly discovered evidence, [or] mistake." (R-13) (citing Colley, 814 F.2d at 1010).
discussed Cited as authority (rule) International Yacht & Tennis, Inc. v. Wasserman (In re International Yacht & Tennis, Inc.) (2×) also: Cited "see"
11th Cir. · 1991 · confidence medium
Despite Casani’s affidavit, which claimed that no consideration was given for the mortgage, the district court surmised that Le Club did not “explicitly or implicitly assert fraud, newly discovered evidence, [or] mistake.” (R-13) (citing Colley, 814 F.2d at 1010).
examined Cited as authority (rule) United States v. Motor Freight Express (In Re Motor Freight Express) (3×) also: Cited "see"
Bankr. E.D. Pa. · 1988 · confidence medium
As the Colley court aptly states, B.Rule 3008 is not a license to “rehash ... original objections to the claims.” 814 F.2d at 1011.
discussed Cited as authority (rule) Abraham v. Aguilar (In re Aguilar) (2×)
5th Cir. · 1988 · confidence medium
In the Matter of Colley, 814 F.2d 1008, 1010 (5th Cir.1987), reh’g denied, 818 F.2d 443 (5th Cir.1987), cert. denied, — U.S.-, 108 S.Ct. 234 , 98 L.Ed.2d 193 (1987).
discussed Cited as authority (rule) 20 Collier bankr.cas.2d 127, Bankr. L. Rep. P 72,565 in the Matter of Anthony C. Aguilar and Wife, Susan B. Aguilar, Debtors. Joseph (Sib) Abraham, Jr. v. Anthony C. Aguilar and Wife, Susan B. Aguilar (2×)
5th Cir. · 1988 · confidence medium
In the Matter of Colley, 814 F.2d 1008, 1010 (5th Cir.1987), reh'g denied, 818 F.2d 443 (5th Cir.1987), cert. denied, --- U.S. ----, 108 S.Ct. 234 , 98 L.Ed.2d 193 (1987).
cited Cited as authority (rule) In Re Moseley
Bankr. C.D. Cal. · 1987 · confidence medium
On the requirement of cause, see Colley v. National Bank of Texas (In re Colley), 814 F.2d 1008, 1010 (5th Cir.1987). 2 .
cited Cited "see" Sylvester Cannon and Adriane Cannon
Bankr. N.D. Miss. · 2024 · signal: see · confidence high
See Matter of Colley, 814 F.2d 1008, 1010 (5th Cir. 1987).
cited Cited "see" Harrison v. Heritage Real Estate Investment, Inc.
Bankr. S.D. Miss. · 2020 · signal: see · confidence high
See In re Colley, 814 F.2d at 1010 .
cited Cited "see" Oudomsouk v. Bank of America, N.A. (In re Oudomsouk)
Bankr. M.D. Tenn. · 2012 · signal: see · confidence high
See, In the Matter of Colley, 814 F.2d 1008, 1010 (5th Cir.1987), reh’g denied, cert. denied, 484 U.S. 898 , 108 S.Ct. 234 , 98 L.Ed.2d 193 (1987).
cited Cited "see" In re SCBA Liquidation, Inc.
Bankr. W.D. Mich. · 2012 · signal: see · confidence high
See Colley v. Nat’l Bank of Texas (In re Colley), 814 F.2d 1008, 1010 (5th Cir.1987) (“the bankruptcy court’s discretion in deciding whether to reconsider a claim is virtually plenary”); Fed.
cited Cited "see" Martinez v. Mortgage Electronic Registration Systems, Inc. (In Re Martinez)
Bankr. D. Kan. · 2011 · signal: see · confidence high
See In re Colley, 814 F.2d 1008 , 1010 (5th Cir.1987). 22 .
cited Cited "see" Treen v. Orrill
5th Cir. · 2011 · signal: see · confidence high
Bankr.P. 9024; see Matter of Colley, 814 F.2d 1008, 1010 (5th Cir. 1987).
cited Cited "see" Roche v. Dretke
5th Cir. · 2007 · signal: see · confidence high
See Matter of Colley, 814 F.2d 1008, 1010-11 (5th Cir.1987).
examined Cited "see" In Re Coffman (5×)
Bankr. N.D. Tex. · 2002 · signal: see · confidence high
See Nat'l Bank of Tex. v. West Tex. Wholesale Sup *498 ply (In the Matter of Colley), 814 F.2d 1008, 1010 (5th Cir.1987) (en banc).
Retrieving the full opinion text from the archive…
Bankr. L. Rep. P 71,756 in the Matter of Joe Ben Colley, Debtor. Joe Ben Colley
v.
National Bank of Texas, Joe Ben Colley v. West Texas Wholesale Supply
86-1625.
Court of Appeals for the Fifth Circuit.
Jun 8, 1987.
814 F.2d 1008
Cited by 63 opinions  |  Published

814 F.2d 1008

Bankr. L. Rep. P 71,756
In the Matter of Joe Ben COLLEY, Debtor.
Joe Ben COLLEY, Plaintiff-Appellant
v.
NATIONAL BANK OF TEXAS, Defendant-Appellee.
Joe Ben COLLEY, Plaintiff-Appellant,
v.
WEST TEXAS WHOLESALE SUPPLY, Defendant-Appellee.

Nos. 86-1625, 86-1626.

United States Court of Appeals,
Fifth Circuit.

April 17, 1987.
Rehearing and Rehearing En Banc Denied June 8, 1987.

Eric R. Borsheim, Austin, Tex., for plaintiff-appellant.

Baker & Price, Mark S. Summers, Coffee, Goldston & Ponder, Douglas J. Powell and B. Weldon Ponder, Austin, Tex., for defendant-appellee.

Appeals From the United States District Court for the Western District of Texas.

Before GEE, REAVLEY, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

[*~1008]1

These appeals filed by the Chapter 13 debtor challenge the district court's affirmance of a bankruptcy court order refusing to reconsider its allowance of appellees' proofs of claim in Colley's bankruptcy. The issues being identical, and the facts similar, we dispose of them together and AFFIRM.

[*~1009]2

Although old bankruptcy cases, like old soldiers, never die, we shall endeavor to put this one at rest. The disputes between these creditors and Colley originated in 1980 in a state court action against Colley and a co-debtor Cynthia McBee d/b/a Oak Hills Gun Shop to collect debts owed by them. McBee almost immediately filed a Chapter 11 bankruptcy proceeding. The creditors succeeded in winning state court judgments and orders of attachment covering real property owned by Colley on the basis that he had obtained their money under false pretenses. Tex.Civ.Prac. & Rem.Code Sec. 61.002(9) (Vernon 1986). Colley thereupon filed for Chapter 13 relief in 1982. Appellees litigated their respective lien positions on the gun shop inventory, in the McBee bankruptcy, up to the Fifth Circuit.In re McBee, 714 F.2d 1316 (1983). After eventually resolving this portion of their claims in the McBee proceeding, the creditors returned to Colley's bankruptcy and asserted that the remainder of their claims were fully secured by virtue of their attachment liens. Colley objected to their proofs of claim, questioning the calculations of principal, interest and attorneys' fees asserted by each of the creditors, as well as their rights under the writs of attachment. On May 16, 1985, following a trial on the merits, the bankruptcy judge rejected Colley's position and allowed the claims of National Bank of Texas and West Texas Wholesale Supply in full.

3

Rather than appeal the May 16 orders, Colley filed motions for reconsideration in July, 1985, which were heard by the bankruptcy court in November of that year. Colley's grounds for reconsideration were not materially different from those contained in his original objection to the creditors' proofs of claim,[1] and the bankruptcy court denied reconsideration. This appeal followed.

4

We have jurisdiction to consider the district court's order denying reconsideration pursuant to 28 U.S.C. Sec. 158(d). See In re W.F. Hurley, Inc., 612 F.2d 392 (8th Cir.1980). We review the bankruptcy court's ruling on the motion to reconsider under the abuse of discretion standard. Id.

[*1010]5

The bankruptcy court has power to reconsider the allowance or disallowance of proofs of claim "for cause". 11 U.S.C. Sec. 502(j); Bankruptcy Rule 3008. As the Advisory Committee Note to Bankruptcy Rule 3008 evidences, the bankruptcy court's discretion in deciding whether to reconsider a claim is virtually plenary, as the court may decline to reconsider without a hearing or notice to the parties involved. If reconsideration is granted, the court may readjust the claim in any fashion "according to the equities of the case." 11 U.S.C. Sec. 502(j).

6

The court's broad discretion should not, however, encourage parties to avoid the usual rules for finality of contested matters. Bankruptcy Rule 9024 incorporates Federal Rule of Civil Procedure 60 into all matters governed by the Bankruptcy Rules except, inter alia, "the reconsideration of an order allowing or disallowing a claim against the estate entered without a contest is not subject to the one year limitation prescribed in Rule 60(b)...." We interpret Rule 9024 to provide that, when a proof of claim has in fact been litigated between parties to a bankruptcy proceeding, the litigants must seek reconsideration of the bankruptcy court's determination pursuant to the usual Rule 60 standards if they elect not to pursue a timely appeal of the original order allowing or disallowing the claim. The elaboration of Section 502(j)'s requirement of "cause" for reconsideration by the Rule 60 criteria substantially eliminates the "tension with the right of an appeal from an erroneous final order." 3 Collier on Bankruptcy (15th ed.) p 502.10 at 502-107. See also In re W.F. Hurley, Inc., supra.

7

In this case, whether the bankruptcy court applied the test embodied in Rule 60(b) in ruling on reconsideration of appellees' claims is not clear. It is obvious that Colley did not feel himself so bound and his "Motions for Reconsideration", as noted, are almost entirely a rehash of his original objections to the claims. He did not explicitly or implicitly assert fraud, newly discovered evidence, mistake, inexcusable neglect, or any of the other matters pertinent to a Rule 60(b) motion. He did not even generally assert "cause" for reconsideration under Sec. 502(j). As Colley did not even get his foot in the door for purposes of reconsideration, the district court was well within its discretion to deny that relief.[2]

8

AFFIRMED.

1

The only entirely new issue he raised questioned the interest calculation by NBT, and this information was available from the outset of his objection

2

Colley argues in a supplemental brief that the judgments of the bankruptcy court allowing the claims of appellees were not embodied in a separate document as required by Federal Rule of Civil Procedure 58, and Bankruptcy Rule 9021. He therefore urges us to consider his contest of the claims on the merits. We do not agree with this contention. See InterFirst Bank Dallas v. Federal Deposit Insurance Corp., 808 F.2d 1105 (5th Cir.1987)