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§ 1125(a)(1)

Rosenblum, In re

Ruling
Approval of debtor's disclosure statement regarding debtor's plan of reorganization wasdenied as the disclosures were deficient in their accuracy and sufficiency. (Bankr. D. Nev.)
Issue(s)
Post-petition Disclosure and Solicitation; Definitions; ``Adequate Information''.

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Consumer opinion summary, case decided on July 15, 2019 , LexisNexis #0919-043

In re Brooks

Ruling
Disclosure statement was insufficient due to failure to provide information regarding joint venture.
Issue(s)
Could chapter 11 debtor's disclosure statement not containing information regarding entity with which it proposed to enter into a joint venture or new bids debtor was supposedly awarded .

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Consumer opinion summary, case decided on October 08, 2013 , LexisNexis #1013-132

In re Southern Mont. Elec. Gen. & Transmission Coop. Inc.

Ruling
Final approval granted to trustee's disclosure statement.
Issue(s)
Did trustee's disclosure statement for its third amended plan satisfy previous objections.

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Commercial opinion summary, case decided on October 01, 2013 , LexisNexis #1013-099

In re Newkirk

Ruling
Confirmation denied due to insufficient disclosure statement that did not enable creditors to judge feasibility of plan.
Procedural posture

The bankruptcy admistrator and creditors objected to the confirmation of chapter 11 debtors' plan of reorganization on the basis that the disclosure statement provided insufficient information for creditors to determine the source of income to fund the plan and determine if the plan was feasible.

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Consumer opinion summary, case decided on March 09, 2012 , LexisNexis #0412-060

In re Fullmer

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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Consumer opinion summary, case decided on September 02, 2009 , LexisNexis #0909-131

Grelier v. Burgess (In re Grelier)

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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Consumer opinion summary, case decided on January 27, 2009 , LexisNexis #0309-088