- 11 U.S.C.
Serta Simmons Bedding, L.L.C., In re--Excluded Lenders v. Serta Simmons Bedding, L.L.C.
Dec
31
2024
Ruling
Court rejected plan due to indemnity offered to “superpriority” holders, whose claims had been individually negotiated, resulting in unequal treatment of claims within the class. (5th Cir.)
Issue(s)
Contents of Plan; Discretionary Provisions; Claims of Debtor; Settlement or Adjustment.
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Court
:
- 11 U.S.C.
Curepoint, LLC, In re--Wender v. Miles
Sep
30
2024
Ruling
Trustee had standing to bring claims that were properly disclosed and reserved in confirmed Chapter 11 plan and transferred to the liquidation trust. (Bankr. N.D. Ga.)
Issue(s)
Contents of Plan; Discretionary Provisions; Claims of Debtor.
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Court
:
- 11 U.S.C.
5171 Campbells Land Co., In re--Bernstein v. Meyer, Unkovic & Scott LLP
Jul
25
2022
Ruling
Post-confirmation vesting of estate property did not deprive the plan administrator of powerto pursue claims. (Bankr. W.D. Pa.)
Issue(s)
Contents of Plan; Discretionary Provisions; Claims of Debtor; Retention and
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Judge or Jurisdiction information not available
- 11 U.S.C.
Seaboard Hotel Mbr. Assocs., LLC, In re--NCA Inv'rs Liquidating Trust v. Berkowitz, Trager & Trager, LLC
Jun
10
2021
Ruling
Avoidance action could proceed against a transactional law firm as the plan specificallypreserved all causes of action against law firms. (Bankr. D. Del.)
Issue(s)
Contents of Plan; Discretionary Provisions; Claims of Debtor; Retention and
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Court
:
3rd Circuit ( ) [ Bankruptcy Court ]
- 11 U.S.C.
Mt. Glacier LLC, In re--Nestlé Waters N. Am., Inc. v. Mt. Glacier LLC
Dec
11
2017
Ruling
Plan was sufficient to retain debtor's claim where there is no other requirement for the debtorwho wishes to retain an existing claim for future litigation. (6th Cir.)
Issue(s)
Contents of Plan; Discretionary Provisions; Claims of Debtor.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Yaquinto v. Ehrman (In re Hart Oil & Gas)
Dec
13
2016
Ruling
Trustee did not have standing to assert claims that were not adequately reserved. (Bankr.D.N.M.)
Issue(s)
Contents of Plan; Discretionary Provisions; Claims of Debtor.
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Court
:
- 11 U.S.C.
In re Hercules Offshore, Inc.
Nov
01
2016
Ruling
Plan including releases to creditors for claims held against them by debtor could beconfirmed. (Bankr. D. Del.)
Issue(s)
Contents of Plan; Discretionary Provisions; Claims of Debtor; Settlement or Adjustment.
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Court
:
- 11 U.S.C.
Smelcer v. Citizens Bank of Kilgore (In re Hart Oil & Gas Inc.)
Jul
02
2015
Ruling
Lender liability actions not reserved in debtor's plan dismissed.
Issue(s)
Should proceedings pursing debtor's causes of action based on lender liability that were not preserved in debtor's confirmed plan be dismissed?
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Court
:
- 11 U.S.C.
In re City of Detroit
Dec
31
2014
Ruling
Debtor city's plan of adjustment approved with conditions.
Issue(s)
Should debtor city's eighth amended plan of adjustment be confirmed?
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Court
:
- 11 U.S.C.
Mercury Cos. v. Comerica Bank
Jul
08
2014
Ruling
Debtor that did not reserve state law claims did not retain them postconfirmation.
Issue(s)
Could debtor that had not reserved state law claims pursue them after confirmation of chapter 11 plan?
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Court
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