- 11 U.S.C.
Listecki v. Official Comm. of Unsecured Creditors
Mar
09
2015
Ruling
The First Amendment and the Religious Freedom Restoration Act did not bar proceeding for avoidance of transfer by Archdiocese of Milwaukee to cemetery trust.
Issue(s)
Did the bankruptcy court err in holding that actions of the official committee of unsecured creditors in seeking avoidance of transfer by debtor Archdiocese of Milwaukee to a cemetery trust were barred by application of the First Amendment and the Religious Freedom Restoration Act?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Budd Co.
Jul
07
2014
Ruling
Motion for appointment of separate asbestos committee granted.
Issue(s)
Should separate asbestos committee be appointed in case of manufacturer?
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Court
:
- 11 U.S.C.
In re City of Detroit
Feb
28
2014
Ruling
Trustee lacked authority to appoint a committee of unsecured creditors in a chapter 9 case prior to order for relief.
Issue(s)
Should trustee's appointment of an official committee of unsecured creditors in debtor city's chapter 9 case be vacated?
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Court
:
- 11 U.S.C.
In re Residential Capital LLC
Oct
23
2012
Ruling
Appointment of Official Committee of Borrowers, whose loans were serviced by debtor, denied.
Procedural posture
Debtors, an LLC that serviced residential mortgages and affiliated businesses, declared chapter 11 bankruptcy, and the court appointed an Official Committee of Unsecured Creditors to protect creditors' interests. Homeowners who executed mortgages that were serviced by the debtors asked the court to appoint an Official Committee of Borrowers to protect their interests. The debtors and the Creditors' Committee opposed the homeowners' motion.
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Court
:
- 11 U.S.C.
In re Shorebank Corp.
Mar
12
2012
Ruling
Emergency motion to reconstitute official committee of unsecured creditors denied.
Procedural posture
Movants, who were three interested creditors, a personal injury claimant and two former directors of the debtor, filed an emergency motion for a court order directing the United States Trustee to reconstitute the unsecured creditors committee formed for the debtor, or alternatively for other relief.
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Court
:
- 11 U.S.C.
Spencer Ad Hoc Equity Comm. v. Idearc Inc. (In re Idearc Inc.)
Oct
17
2011
Ruling
Appeal of confirmation order properly dismissed due to substantial consummation.
Procedural posture
Appellant equity committee appealed from an order of the United States District Court for the Northern District of Texas denying the committee's appeal of the bankruptcy court's confirmation order of the reorganization plan by debtor and appellee on the grounds of equitable mootness.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re JNL Funding Corp.
Sep
15
2010
Ruling
Secured creditor's motion to disband official committee of unsecured creditors denied.
Procedural posture
The purported secured lender of the debtor, which itself was a mortgage lender, filed a request that the court disband the official committee of unsecured creditors.
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Court
:
- 11 U.S.C.
In re Spansion Inc.
Dec
18
2009
Ruling
Bankruptcy court declined to appoint official committee of equity security holders absent showing that members would receive meaningful distribution.
Procedural posture
Debtors filed separate petitions under chapter 11 of the Bankruptcy Code, and their cases were consolidated for joint administration. An Ad Hoc Committee of Equity Security Holders filed a motion seeking appointment of an Official Committee of Equity Security Holders pursuant to 11 U.S.C.S. § 1102. The motion was opposed by the debtors, an Official Committee of Unsecured Creditors, other creditors, and the U.S. Trustee.
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Court
:
- 11 U.S.C.
In re Spansion Inc.
Dec
18
2009
Ruling
Motion for appointment of Ad Hoc Committee of Equity Security Holders denied due to inability to demonstrate a meaningful distribution would result or that a formal committee was not necessary.
Procedural posture
Debtors filed separate petitions under chapter 11 of the Bankruptcy Code, and their cases were consolidated for joint administration. An Ad Hoc Committee of Equity Security Holders filed a motion seeking appointment of an Official Committee of Equity Security Holders pursuant to 11 U.S.C.S. § 1102. The motion was opposed by the debtors, an Official Committee of Unsecured Creditors, other creditors, and the U.S. Trustee.
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Court
:
In re Pilgrims Pride Corp.
Apr
30
2009
Ruling
Motion for appointment of official committee of equity security holders granted.
Procedural posture
Debtors, entities that were in the business of producing chicken products, filed petitions under chapter 11, and their cases were consolidated for joint administration. An ad hoc shareholders group (AHSG) filed a motion seeking an order directing the appointment of an official committee of equity security holders, pursuant to 11 U.S.C.S. § 1102(a). An official committee of unsecured creditors and a bank opposed the motion.
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Court
: