In re Puff
Jun
30
2011
Ruling
Disclosure statement approved subject to provision of information on valuation dispute and treatment of one creditor's claims.
Procedural posture
A bankruptcy debtor provided a disclosure statement concerning the debtor's proposed plan of reorganization, and secured creditors objected to approval of the statement on the ground that the statement provided inadequate information to permit an informed decision to vote to accept or reject the plan.
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Court
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In re KM Allied of Nampa LLC
Apr
14
2011
Ruling
Relief from stay to collect on note on which debtor was not the obligor but grantor of deed of trust denied.
Procedural posture
Creditor bank filed a motion for relief from the automatic stay of 11 U.S.C.S. § 362(a) and an objection to chapter 11 debtor's disclosure statement under the standards of 11 U.S.C.S. § 1125(a). Debtor was an Idaho limited liability company, and the owner of single asset real estate case as defined in 11 U.S.C.S. § 101(51B).
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Court
:
- 11 U.S.C.
In re Global Container Lines Ltd.
Aug
19
2010
Ruling
Disclosure statement for second amended chapter 11 plan approved as containing "adequate information."
Procedural posture
The court conducted a hearing (the "Disclosure Hearing") upon debtor's request for entry of an order approving the Disclosure Statement, approving the procedures for voting upon the Plan as contained in the Disclosure Statement, approving the Ballot for voting upon the Plan, scheduling a hearing on confirmation of the Plan (the "Confirmation Hearing"), and approving the form of notice of the Confirmation Hearing.
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Court
:
In re Bermuda Bay LLC
Dec
31
2009
Ruling
Disclosure statement not approved due to inadequate information.
Procedural posture
Bankruptcy debtors owned real property which was part of a resort development and were formulating a reorganization plan of which a key component was the sale of vacation ownership interests in the resort. A creditor secured by a portion of the property objected to the debtors' disclosure statement on the ground that it contained inadequate information.
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Court
:
- 11 U.S.C.
In re Fullmer
Sep
02
2009
Ruling
Debtor allowed to amend disclosures to include significant settlement with creditor.
Procedural posture
The debtors filed a disclosure statement and objections were filed by certain creditors. The debtors responded to the objections and satisfied all creditors with one exception. That creditor lodged 10 specific objections to the disclosure statement and urged that it not be approved.
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Court
:
- 11 U.S.C.
Grelier v. Burgess (In re Grelier)
Jan
27
2009
Ruling
Debtor estopped from pursuing legal malpractice action not disclosed in schedules.
Procedural posture
Plaintiff debtor filed a legal malpractice action against defendants, an attorney and his law firm, in state court. Defendants removed the action to the bankruptcy court. Defendants then moved to dismiss the adversary proceeding on the grounds that the debtor was barred by the doctrine of judicial estoppel from pursuing her claims against defendants because she failed to disclose the action as an asset in her schedules.
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Court
:
- 11 U.S.C.
In re Rodriguez Gas & Oil Servs. Inc.
Oct
02
2008
Ruling
Approval of 51 page disclosure statement denied due to unnecessary complexity in case with only nine creditors.
Procedural posture
A debtor sought approval of a disclosure statement in a chapter 11 bankruptcy case.
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Court
:
- 11 U.S.C.
In re Meyrowitz
Jun
27
2008
Ruling
All creditors that voted in favor of plan deemed to have accepted modification.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code, and a plan, with modifications, was confirmed. The debtor filed a motion for determination that the plan modifications did not adversely affect any accepting creditor that had not accepted the modifications in writing. The court issued findings of fact and conclusions of law.
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Court
:
In re Federal-Mogul Global Inc.
Nov
08
2007
Ruling
Plans of collective companies against which 500,000 asbestos personal injury claims were pending approved.
Procedural posture
Before the court was the proposed fourth amended joint plan of reorganization, as modified, for confirmation. The court separately entered an order confirming the plan for debtors and debtors in possession. The court entered findings of fact and conclusions of law with respect to the confirmation of the plan, under Fed. R. Civ. P. 52, as made applicable by Fed. R. Bankr. P. 7052 and 9014.
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Court
:
In re Heritage Org. LLC
Aug
31
2007
Ruling
Motion for designation of votes of creditors who were party to settlement denied.
Procedural posture
The moving parties sought an order, pursuant to 11 U.S.C. §§ 1125(b) and 1126(e), designating and disallowing votes of client claimants on the ground that the votes were solicited prior to transmittal of a court-approved disclosure statement in violation of 11 U.S.C. § 1125(b).
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Court
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