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§ 1123(b)(3)(A)

Serta Simmons Bedding, L.L.C., In re--Excluded Lenders v. Serta Simmons Bedding, L.L.C.

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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Commercial opinion summary, case decided on December 31, 2024 , LexisNexis #0325-013

In re Hercules Offshore, Inc.

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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Commercial opinion summary, case decided on November 01, 2016 , LexisNexis #1116-127

In re City of Detroit

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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Commercial opinion summary, case decided on December 31, 2014 , LexisNexis #0415-023

IBM Southeast Emples. Fed. Credit Union v. Collins

Ruling
Plan confirmation did not provide basis for res judicata dismissal of trustee's proceeding based on debtor's prepetition right of action.
Procedural posture

After a bankruptcy debtor's reorganization plan was confirmed, appellee bankruptcy trustee brought an adversary proceeding against appellants, a credit union and its service organization, with regard to alleged mishandling of the debtor's sales tax account. The appellants sought review of the order of the Bankruptcy Court for the Middle District of Tennessee which denied a motion to dismiss the proceeding based on res judicata.

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Commercial opinion summary, case decided on September 17, 2008 , LexisNexis #1108-102