- 11 U.S.C.
De Boer v. Talsma (In re Talsma)
Aug
05
2013
Ruling
Former spouse's vote in favor of plan did not affect nondischargeability of domestic support obligation.
Issue(s)
Whether a portion of a debt a chapter 11 debtor owed his ex-wife was discharged under 11 U.S.C.S. § 1141 because the ex-wife voted in favor of a plan the debtor proposed which paid her $1.7 million on her claim seeking payment of $2,015,000.
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Court
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Acceptance Loan Co. v. S. White Transp. Inc. (In re S. White Transp. Inc.)
Aug
05
2013
Ruling
Lien on debtor's principal asset survived confirmation.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Waco Town Square Partners L.P.
Jul
24
2013
Ruling
All of investor's claims dismissed due to failure to comply with confirmation order condition that derivative claims on behalf of debtor be deleted.
Procedural posture
An order confirming bankruptcy debtors' plan required that an investor in one of several related debtors amend its complaint in an action within 45 days to delete claims which were derivative claims on behalf of the debtor rather than direct claims of the investor, and that dismissal of all claims would result from the investor's failure to file a timely amended complaint. The investor did not timely file an amended complaint.
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In re LandAmerica Fin. Group Inc.
Jul
15
2013
Ruling
Protocol for determining allowance or disallowance of subsidiary damages claim approved as consistent with confirmed plan.
Procedural posture
Debtors, a corporation and its subsidiary, filed voluntary petitions for relief under chapter 11 of Title 11 of the United States Code. The court entered an order confirming the joint chapter 11 plan of the debtors. The liquidation trustee of the subsidiary filed a motion to approve a protocol for determining allowance or disallowance of subsidiary damages claims and granting related relief. Multiple objections were filed.
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Court
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- 11 U.S.C.
In re National Heritage Found. Inc.
Jun
21
2013
Ruling
Creditor and attorney held in contempt for filing postconfirmation civil lawsuit to collect discharged debts.
Procedural posture
Chapter 11 debtor filed a motion for contempt and sanctions against respondents, creditors and their counsel, based on respondents' filing of a class action suit against the debtor and its officers and directors.
Issue(s)
Whether creditors and their attorneys should be held in contempt because they filed a civil action against a corporate debtor and its officers and directors after the court entered an order in the debtor's chapter 11 bankruptcy case which confirmed the debtor's plan.
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Court
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In re Landamerica Fin. Group Inc.
Apr
30
2013
Ruling
Creditor's action against trustee for conflict of interest enjoined as violating confirmed plan and filed without leave of bankruptcy court.
Procedural posture
Movant, the trustee of debtors' liquidation trust sought entry of an order enforcing the injunction set forth in affiliated debtors' joint chapter 11 plan, in accordance with 11 U.S.C.S. §§ 1141(a), 1142(b), and 105(a), and Fed. R. Bankr. P. 9014 and 9020, against respondent creditor, which argued that the instant court lacked jurisdiction to decide the issue.
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Court
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In re MC2 Capital Partners LLC
Mar
25
2013
Ruling
Late claim filed post-confirmation disallowed.
Procedural posture
The court appointed receiver for a creditor moved that his late claim on behalf of the creditor be allowed. Debtor and the Official Creditors' Committee opposed the motion.
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Court
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Exide Techs. V. Enersys Del. Inc. (In re Exide Techs.)
Jan
08
2013
Ruling
"Default rule" did not override nondischargeability of claim based on agreement that could not be rejected.
Procedural posture
Debtor sought a declaratory judgment that: (i) defendant's rights under the "Agreement" were claims against debtor that were discharged by plan confirmation pursuant to 11 U.S.C.S. § 1141(d) and the plan, and (ii) debtor's mark was an asset of the estate that vested in the reorganized debtor free and clear of defendant's limited interest in using the mark pursuant to § 1141(c) and the plan. Defendant moved to dismiss the complaint.
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Court
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- 11 U.S.C.
In re Duncan
Nov
06
2012
Ruling
Individual creditor could not proceed on objection to plan under §1141(d)(3) without satisfying all three subsections.
Procedural posture
Creditors filed an adversary proceeding objecting to defendant chapter 11 debtors' discharge. The debtors filed a motion for summary judgment.
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Court
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In re Omega Optical Inc.
Jul
27
2012
Ruling
Creditor could not amend claim to be secured where confirmed plan treated claim as unsecured.
Procedural posture
Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code and proposed a plan for reorganizing its business. A bank that filed an unsecured claim against the debtor's bankruptcy estate filed a motion to amend its claim, and the debtor opposed the motion and asked the court, pursuant to Fed. R. Bankr. P. 3022, to enter a final decree which closed its case.
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Court
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