§ 1141(a)

Bank of Commerce & Trust Co. v. Schupbach (In re Schupbach)

Ruling: 
Creditor's claim that debt was nondischargeable was mooted by confirmation of plan in individual chapter 11 case.
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Consumer case opionion summary, case decided on May 19,2015, LexisNexis #0615-062

In re LandAmerica Fin. Group Inc.

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.
Ruling: 
Protocol for determining allowance or disallowance of subsidiary damages claim approved as consistent with confirmed plan.
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Commercial case opionion summary, case decided on July 15,2013, LexisNexis #0813-066

In re Landamerica Fin. Group Inc.

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.
Ruling: 
Creditor's action against trustee for conflict of interest enjoined as violating confirmed plan and filed without leave of bankruptcy court.
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Commercial case opionion summary, case decided on April 30,2013, LexisNexis #0513-093

In re MC2 Capital Partners LLC

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.
Ruling: 
Late claim filed post-confirmation disallowed.
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Commercial case opionion summary, case decided on March 25,2013, LexisNexis #0413-094

In re MMP 10180 LLC

Two creditors with claims against one or more of three chapter 11 debtors, being two individuals and an LLC that was a restaurant owned and operated by the individuals, asked the court to address, interpret and clarify a joint plan of reorganization that debtors had proposed and that the court had previously confirmed in an order that was not appealed and thus was final.
Ruling: 
Creditor's motion for clarification of plan denied as not raised prior to confirmation.
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Commercial case opionion summary, case decided on June 11,2012, LexisNexis #0712-093

In re Golf Club at Bridgewater LLC

Debtor L.L.C. filed a petition under chapter 11 of the Bankruptcy Code, and the court confirmed a bankruptcy plan the debtor proposed which allowed it to market a golf course it owned for a period of 15 months but required it to sell the golf course at a sealed bid auction if the course was not sold within 15 months. A bank filed a motion to compel the debtor to comply with the terms of its plan.
Ruling: 
Debtor ordered to comply with plan providing for auction preserving bank's credit bid rights.
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Commercial case opionion summary, case decided on May 21,2012, LexisNexis #0612-064

In re Accuride Corp.

Movant, a rights offering participant, brought a motion to enforce debtor's third amended joint plan of reorganization (the Plan) for the purpose of ordering debtor to make an additional distribution to said participant. Debtor opposed the motion.
Ruling: 
Debtor who complied with plan obligations not obligated to make additional distributions due to defective subscription submissions by creditor rights offering participant.
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Commercial case opionion summary, case decided on November 17,2010, LexisNexis #1210-062

Bank. Meridian v. Ultra Holdings LLC (In re Earth Structures Inc.)

Plaintiff bank filed an action in the Spartanburg County Court of Common Pleas (South Carolina), alleging that defendants, a corporation, two individuals who had ownership interests in the corporation, and others, owed the bank money. The case was removed to the bankruptcy court after the corporation declared Chapter 11 bankruptcy, and the bankruptcy court retained jurisdiction over some of the bank's claims.
Ruling: 
Confirmation did not bar creditor bank's motion for summary judgment in action against debtor and guarantor.
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Commercial case opionion summary, case decided on October 27,2010, LexisNexis #0111-136

In re AVC Villa Del Lago at Ocotillo Devco LLC

Two moving creditors filed a motion to alter or amend the order of confirmation entered, pursuant to 11 U.S.C.S. § 1121(c), in one of several companion cases, asserting that they should not be bound by the terms of the plan, which included the settlement and dismissal of litigation against the debtor.
Ruling: 
Creditors, plaintiffs in state court case against debtor, who had sufficient notice were bound by terms of confirmed plan.
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Commercial case opionion summary, case decided on October 27,2009, LexisNexis #1209-024

In re Jedlink

After the debtors' plan of reorganization was confirmed, two creditors sought further relief in state court by filing petitions seeking a sale in error with regard to real estate taxes. The debtors filed a motion to bar and for sanctions, while the creditors filed a motion to strike and for sanctions.
Ruling: 
Creditors' state court actions were barred by plan confirmation but were not grounds for sanctions.
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Consumer case opionion summary, case decided on October 17,2007, LexisNexis #1207-035

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