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§ 1123(b)(3)(B)

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
Commercial opinion summary, case decided on July 25, 2022 , LexisNexis #0922-044
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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 ]
Commercial opinion summary, case decided on June 10, 2021 , LexisNexis #0721-093
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Tiger Trading Inc. v. HDD Rotary Sales LLC (In re HDD Rotary Sales LLC)

Jul
17
2012
Ruling
Counterclaim by debtor in adversary proceeding was akin to affirmative defense of recoupment and survived confirmation.
Procedural posture

Plaintiff creditor brought an adversary proceeding seeking a declaration that it owned a 30 percent interest in certain technology and a pending patent. Defendant debtor denied the ownership claim, and asserted by counterclaim that the creditor had breached the same contract under which the alleged ownership rights arose by failing to pay its share of the development costs. Creditor moved to dismiss the counterclaim.

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Commercial opinion summary, case decided on July 17, 2012 , LexisNexis #0812-061
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Winget v. JP Morgan Chase Bank

Aug
11
2008
Ruling
Issue of alleged devaluation of assets prior to bankruptcy sale should have been raised before bankruptcy court.
Procedural posture

Plaintiffs, an individual and a trust, sued defendants, banks and lenders, alleging breach of the guaranty and pledge agreements and requested declaratory judgment. The District Court for the Eastern District of Michigan dismissed the complaint on the grounds it was barred by res judicata and premature with regard to future attempts to repossess collateral. Plaintiffs appealed.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 11, 2008 , LexisNexis #0908-030
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