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§ 1141(d)(5)

Stephenson, In re--District of Columbia v. Stephenson

Sep
22
2023
Ruling
Chapter 11 debtors who had post-petition domestic support obligations and did not make allsuch payments were not entitled to a discharge even if they made all payments under theirplan. (Bankr. D.D.C.)
Issue(s)
Effect of Confirmation; Discharge; Cases in Which Debtor is an Individual.

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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on September 22, 2023 , LexisNexis #1123-097
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In re Castle Home Builders Inc.

Oct
21
2014
Ruling
Debtor awarded actual damages due to loan servicer's failure to comply with terms of plan.
Issue(s)
Should mortgagee be sanctioned for to bill for a prepetition mortgage notwithstanding modified mortgage terms set forth in debtor's confirmed plan?

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Commercial opinion summary, case decided on October 21, 2014 , LexisNexis #1114-101
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In re Necaise

Aug
20
2010
Ruling
Chapter 11 case closed three months after plan confirmation as fully administered but early discharge denied.
Procedural posture

The chapter 11 debtor moved for a grant of discharge and for entry of a final decree closing his case prior to the completion of all payments under his confirmed plan, pursuant to 11 U.S.C.S. § 1141(d)(5), thereby relieving him of his obligation to pay quarterly fees to the United States trustee. Alternatively, he sought to close the case without a discharge, subject to reopening for the entry of a final decree.

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Consumer opinion summary, case decided on August 20, 2010 , LexisNexis #1010-059
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In re Sheridan

Jul
14
2008
Ruling
Debtor's request for early discharge prior to completion of plan payments granted.
Procedural posture

In a chapter 11 case filed by individual debtors, a married couple, a combined hearing to consider approval of their proposed disclosure statement and confirmation of their chapter 11 plan of reorganization was held. At issue was whether the plan was properly confirmed under 11 U.S.C.S. § 1129(a) and whether debtors' request for a discharge per 11 U.S.C.S. § 1141(d)(5)(B) was properly granted.

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Consumer opinion summary, case decided on July 14, 2008 , LexisNexis #0908-090
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