In re Montgomery Ward LLC
Mar
09
2011
Ruling
Res judicata did not bar plan administration in debtor's second chapter 11 case from challenging the nature of debtor's lease with creditor that was assumed in the first case.
Procedural posture
Appellant plan administrator objected to claims filed by appellee creditor in a debtor's Chapter 11 proceeding. The bankruptcy court entered summary judgment for the creditor on the administrator's challenge to the nature of a lease and granted summary judgment for the administrator as to mortgage and common area maintenance (CAM) claims. The United States District Court for the District of Delaware affirmed. The parties appealed.
ABI Membership is required to access the full summary of In re Montgomery Ward LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available