In re Grass Valley Holdings
Nov
05
2015
Ruling
Bankruptcy court denied debtor's motion for estimation of claims involved in adversary proceeding of which reference had been withdrawn.
Issue(s)
Could the bankruptcy court estimate the claims involved in an adversary proceeding of which the reference had been withdrawn?
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Court
:
- 11 U.S.C.
In re Trigeant Holdings Ltd.
Mar
26
2015
Ruling
Lost profits claim estimated by court so as not to delay administration.
Issue(s)
Should creditor's lost profits claim be estimated by the bankruptcy court?
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Court
:
In re North Am. Health Care Inc.
Feb
05
2015
Ruling
Order issued approving and adopting a tort claim resolution proposal to the extent providing for mediation of personal injury/wrongful death claims.
Issue(s)
Whether to grant debtors' motion for an order approving and adopting a tort claim resolution proposal that provided for mediation of personal injury/wrongful death claims, followed by the court's estimation of any unresolved claim pursuant to 11 U.S.C.S. § 502(c).
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Court
:
- 11 U.S.C.
In re Specialty Prods. Holding Corp.
May
20
2013
Ruling
All asbestos personal injury claims against debtor estimated by court using risk-free rate.
Procedural posture
Pursuant to 11 U.S.C.S. § 502(c)(1), the court estimated the amount of contingent or unliquidated mesothelioma claims against chapter 11 debtors caused by exposure to the debtors' asbestos.
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Court
:
In re Chemtura Corp.
Apr
19
2011
Ruling
Surety claim disallowed as untimely and released in creditor's agreement with debtor's predecessor.
Procedural posture
A creditor filed a proof of claim in a debtor's bankruptcy case alleging that one of a series of predecessors of the debtor breached an energy cogeneration agreement for which the debtor was liable as surety under the agreement. The debtor objected to the claim and moved for estimation of the creditor's claim for purposes of setting a distribution reserve.
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Court
:
In re Boyette
Nov
17
2010
Ruling
Claim based on prepetition premarital agreement did not arise postpetition and needed to be administered as part of chapter 13 plan.
Procedural posture
Pending was a claimant's Motion to Determine Status of a Claim and debtor's response. The claimant requested that the court determine that (1) the obligation owed to her was a post-petition obligation which was not subject to discharge, and (2) the provisions of the automatic stay did not prevent her from filing a domestic action in State court which would include division of marital property, allocation of debts, and equitable distribution.
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Court
:
In re Texans CUSO Ins. Group LLC
Dec
30
2009
Ruling
Arbitration award confirmed as determined according to claim estimation procedure agreed to by parties.
Procedural posture
At a hearing held on November 11, 2009, the court granted debtor's motion to estimate the amount of a claimant's claims under 11 U.S.C.S. § 502(c). Pursuant to the estimation procedures ultimately agreed upon by the parties, the claimant filed a Response to Debtor's Application to Vacate or Modify the Accounting Arbitration Award on December 3, 2009, to which debtor filed a Reply on December 7, 2009.
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Court
:
In re Ecoventure Wiggins Pass Ltd.
Sep
18
2009
Ruling
Claims of would-be purchasers of interests in debtor's unfinished condominium complex disallowed to extent secured by real property.
Procedural posture
Debtors filed petitions under chapter 11 of the Bankruptcy Code, and claimants who purchased condominium units or related property from the debtors filed claims against the debtors' bankruptcy estates. One of the debtors asked the court to disallow the claims to the extent they were asserted as claims secured by an interest in real property, or alternatively, to estimate the claims at zero, pursuant to 11 U.S.C.S. § 502(c).
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Court
:
In re Cantu
May
15
2009
Ruling
Claim estimated at face value for voting purposes.
Procedural posture
A judgment creditor filed a proof of claim in the debtors' chapter 11 bankruptcy proceeding. The debtors objected to the proof of claim. The judgment creditor filed a motion to allow his claim for the purpose of accepting or rejecting the debtors' plan of reorganization, which the bankruptcy court treated as a motion for claims estimation pursuant to 11 U.S.C.S. § 502(c).
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Court
: