Skip to main content

§ 1126(a)

In re Quigley

Ruling
Personal injury claimants' inability to satisfy state's proof requirements did not affect right to vote on chapter 11 plan.
Procedural posture

A bankruptcy debtor submitted a proposed ballot to solicit votes on the debtor's reorganization plan from individuals who held asbestos personal injury claims. An ad hoc committee of asbestos victims objected to the ballot on the ground that it did not seek to identify individuals whose causes of action were unenforceable under state tort reform laws.

ABI Membership is required to access the full summary of In re Quigley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on February 26, 2008 , LexisNexis #0308-103

Jacksonville Airport Inc. v. Michkeldel Inc.

Ruling
Creditor was not entitled to vote on debtor's reorganization plan since the debtor had objected to the creditor's claim.
Procedural posture

In defendant debtor's chapter 11 bankruptcy proceeding, plaintiff creditor voted to reject the debtor's reorganization plan. The debtor refused to count the creditor's vote, maintaining that the creditor's claim was not allowed. The bankruptcy court held that debtor did not have to count the creditor's vote, and, on the creditor's appeal, the district court affirmed. The creditor appealed.

ABI Membership is required to access the full summary of Jacksonville Airport Inc. v. Michkeldel Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
opinion summary, case decided on January 19, 2006 , LexisNexis #0206-019