Abengoa Bioenergy Biomass of Kan., LLC, In re--Drivetrain, LLC v. Kozel
May
05
2020
Ruling
District court appropriately found that the plan of liquidation implicated multipletransactions that could not be unwound without substantial cost and delay. (10th Cir.)
Issue(s)
Definitions for This Chapter; ``Substantial Consummation''.
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Judge or Jurisdiction information not available
Ochadleus v. City of Detroit (In re City of Detroit)
Oct
03
2016
Ruling
Equitable mootness applies equally in chapter 11 and chapter 9. (6th Cir.)
Issue(s)
Does equitable mootness apply to chapter 9 cases just as it applies to chapter 11?
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Judge or Jurisdiction information not available
- 11 U.S.C.
One2One Communs. LLC v. QuadGraphics Inc.
Jul
21
2015
Ruling
District court erred in dismissing creditor's appeal of plan confirmation as equitably moot where the plan was not close to substantial consummation.
Issue(s)
Did the district court err in dismissing creditor's appeal of confirmation order as equitably moot?
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Court
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Judge or Jurisdiction information not available
Alsohaibi v. Arcapita Bank B.S.C.(c) (In re Arcapita Bank B.S.C.(c))
Jan
06
2013
Ruling
Creditor's appeal of confirmation was moot due to substantial consummation.
Issue(s)
Should appeal of order approving replacement debtor-in-possession financing and confirmation order be set aside as moot given substantial consummation of plan.
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In re RADCO Props. Inc.
Mar
09
2009
Ruling
Confirmation denied due to improper attempt to set time limit for substantial consummation based solely on distribution.
Procedural posture
A debtor sought confirmation of an amended chapter 11 plan of reorganization and approval of a second amended disclosure statement.
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In re Ball
May
23
2008
Ruling
Individual chapter 11 case could not be closed despite substantial consummation where payments were still owed to objecting creditor.
Procedural posture
Pursuant to Fed. R. Bankr. P. 3022, an individual chapter 11 debtor asked the court to grant him a discharge, close his chapter 11 case, and enter an injunction on the ground that all payments under his confirmed chapter 11 plan had been made. A foundation and an administrator of certain decedents' estates (objectors) interposed objections to the motion on the ground that they had not been paid in full.
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Court
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- 11 U.S.C.
In re Price
May
08
2008
Ruling
Motion for modification denied on grounds of substantial completion.
Procedural posture
Debtor filed a motion to modify her confirmed chapter 11 plan. Two creditors objected to the motion, asserting, among other things, that the debtor could not seek to modify her plan post-confirmation because her confirmed plan had been substantially consummated, and that the debtor failed to demonstrate that the plan as modified was feasible.
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Buckeye Ret. Co. LLC v. Crews
Jul
03
2007
Ruling
Appeal of settlement dismissed due to substantial consummation of plan where creditor had not sought a stay pending appeal.
Procedural posture
Appellant creditor sought review of an order of the bankruptcy court approving a compromise between a chapter 7 debtor and appellee trustee and overruling the creditor's objection. The settlement dismissed discharge and avoidance adversaries and provided the debtor with a release in exchange for the payment of a certain sum. The trustee filed a motion to dismiss the appeal as moot.
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Court
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G.E. Cattle Co. v. United Producres Inc. (In re United Producers Inc.)
Oct
06
2006
Ruling
Appeal of plan confirmation dismissed as moot due to substantial consummation.
Procedural posture
Appellants, holders of prepetition judgments against one of appellee debtors for fraud, breach of contract, conversion, and Packers and Stockyards Act violations, objected to debtors'amended plan. They challenged the Bankruptcy Court for the Southern District of Ohio's orders finding that the plan met all the confirmation standards, and confirming the plan. Debtors moved to dismiss the appeal as equitably moot.
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Elixir Indus. v. City Bank & Trust
Aug
24
2006
Ruling
Creditor's lien was extinguished due to substantial consummation of plan.
Procedural posture
Before the court was an appeal from the final order of the bankruptcy court, which reduced a claim to a general non-priority claim for $40,961.53.
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Court
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