- 11 U.S.C.
Alta Mesa Res., In re
Dec
28
2022
Ruling
Insurance company's claim was a pre-petition unsecured claim not subject to disallowance as acontingent claim. (Bankr. S.D. Tex.)
Issue(s)
Allowance of Claims or Interests; Claims for Reimbursement or Contribution;
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Court
:
Diget, In re--Diget v. Dubbeld
Mar
03
2022
Ruling
Chapter 7 debtors lacked standing to object to a proof of claim where it could not be exceptedfrom discharge and there was no likelihood of a surplus. (Bankr. N.D. Ga.)
Issue(s)
Allowance of Claims or Interests; Claims for Reimbursement or Contribution.
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Court
:
- 11 U.S.C.
Motors Liquidation Co., In re
Mar
22
2019
Ruling
Court denied creditor’s request to file a late claim against the general unsecured creditors asthe contingent claim sought reimbursement on a debt for which the parties were co-liable.(Bankr. S.D.N.Y.)
Issue(s)
Allowance of Claims or Interests; Claims for Reimbursement or Contribution;
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Court
:
- 11 U.S.C.
Hercules Offshore, Inc., In re--Hercules Offshore, Inc. v. Axon Pressure Prods.
Apr
13
2017
Ruling
Objection to proof of claim overruled for failure to establish that debtors and claimants wereco-liable on the claim for which reimbursement was sought. (Bankr. D. Del.)
Issue(s)
Allowance of Claims or Interests; Claims for Reimbursement or Contribution;
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Court
:
In re Davis
Mar
22
2013
Ruling
Late filed proof of claim disallowed where creditor had adequate notice of bar date.
Procedural posture
Before the court was the chapter 13 trustee's objection to the proof of claim (POC) (Claim Number 9) filed by a law firm (claimant).
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Court
:
- 11 U.S.C.
In re Chemtura Corp.
Sep
07
2010
Ruling
Indemnification claims for unliquidated amounts in pending lawsuits disallowed.
Procedural posture
Debtors, a corporation and its affiliates, filed petitions under Chapter 11 of the Bankruptcy Code, and five companies filed claims against the debtors' bankruptcy estates, seeking contribution for potential damages they owed in product liability lawsuits. The debtors filed objections to the claims, contending that they had to be disallowed under 11 U.S.C.S. § 502(e)(1)(B).
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Court
:
- 11 U.S.C.
In re Touch Am. Holdings Inc.
Jul
30
2009
Ruling
Debtor's officers and directors' motion for indemnification or reimbursement of their attorney fees and costs incurred in negligence action denied.
Procedural posture
Following a grant of partial summary judgment in favor of the plan trustee disallowing certain indemnification claims of the movants, officers and directors of the debtors, the court considered the officers and directors' companion motion for indemnification or reimbursement of their attorney fees and costs incurred in underlying litigation, pursuant to 11 U.S.C.S. § 502(e)(l)(B).
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Court
:
- 11 U.S.C.
In re Alper Holdings USA
Sep
10
2008
Ruling
Objection to claim for costs of defense of possible future environmental claims against debtor's former subsidiary sustained.
Procedural posture
Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code, and claimant, a company that purchased assets belonging to a business that became the debtor's subsidiary, filed claims against the debtor's bankruptcy estate. The debtor asked the court to disallow the claims, pursuant to 11 U.S.C.S. § 502(e)(1)(B), , in the alternative, to determine the amount of the claims.
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Court
:
- 11 U.S.C.
In re Touch Am. Holdings Inc.
Jan
18
2008
Ruling
Claim of debtor's former officers and directors under ERISA were subject to subordination and actions for indemnification were subject to disallowance.
Procedural posture
Former officers and directors of bankruptcy debtors filed proofs of claim for reimbursement, indemnification, and contribution based on two civil actions against the officers and directors for breach of fiduciary duty and fraud. The trustee under the debtors' confirmed plan moved for summary judgment of subordination with regard to one action and disallowance with regard to the second action.
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Court
:
- 11 U.S.C.
In re RNI Wind Down Corp.
Jul
09
2007
Ruling
Claim by former officer of debtor for attorneys'fees received in SEC investigation was not subject to disallowance.
Procedural posture
A former officer of the corporate debtor filed a claim for indemnification and advancement of his defense costs incurred in a civil Securities Exchange Commission ("SEC") action in the Northern District of California, pursuant to debtor's corporate charter and Del. Code Ann. tit. 8, § 145. The plan administrator filed an objection seeking to disallow the claim pursuant to 11 U.S.C. § 502(e)(1)(B), as a contingent claim for reimbursement of debt.
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Court
: