Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380, 30 (1993)

Page:   Index   Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30

Cite as: 507 U. S. 380 (1993)

O'Connor, J., dissenting

III

When courts depart from the language of a congressional command, they often create unintended difficulties in the process. This case, I fear, may prove no exception. The majority's single-step, multifactor, equitable balancing approach to "excusable neglect" is contrary to the language of Rule 9006(b) and inconsistent with sensible notions of judicial economy. Its indeterminacy not only renders consistent application unlikely but also invites unproductive recourse to appeal. Such consequences are especially unfortunate in the Rules of Bankruptcy Procedure. An entity in bankruptcy can ill afford to waste resources on litigation; every dollar spent on lawyers is a dollar creditors will never see. Congress established in Rule 9006(b) the inquiry that should be made when courts contemplate permitting untimely action. Under the approach commended by that Rule, respondents are barred from filing an untimely proof of claim because its omission resulted from a neglect that, on this record, was simply inexcusable; the equities, no matter how compelling, cannot propel respondents over that hurdle. I therefore respectfully dissent.

409

Page:   Index   Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30

Last modified: October 4, 2007