Artistic Tape & Label Printers v. Coordinated Fin. Servs. (In re Artistic Tape & Label Printers)
UNPUBLISHED
Bankruptcy court dismissed plaintiffs/debtors' complaint objecting to defendant's proof of claim, then denied their motion to reinstate the complaint on the grounds that (1) counsel failed to appear at the hearing on the motion, and (2) the complaint failed to state a claim upon which relief could be granted. Plaintiffs' subsequent FRCP 60(b) motion was also denied. The district court dismissed plaintiffs' appeal, and the Tenth Circuit remanded to the district court, which remanded to the bankruptcy court. The bankruptcy court interpreted the remands as a mandate to allow plaintiffs another opportunity to present their Rule 60(b) motion, which it did.