In re Porter
Feb
08
2008
Ruling
Debtor could not preserve otherwise undisclosed prepetition causes of action that would not be pursued until after confirmation.
Procedural posture
In two chapter 13 cases, the debtors' plans contained a provision that purported to preserve a broad range of not-yet-ripe causes of action against unidentified parties. In both cases, the language of the provision was identical and a creditor objected. The court confirmed both plans, with the caveat that adjudication of the objections could result in the controversial provision being modified or stricken.
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Court
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