- FRBP
In re Dana Corp.
Jul
23
2008
Ruling
Late filed proof of claim disallowed due to prejudice to emerged debtor and other creditors.
Procedural posture
A corporate debtor and its affiliated companies filed a petition for relief under chapter 11 of the Bankruptcy Code. The court established a deadline for filing proofs of claims, and 21 months after that deadline passed, movant claimant filed a motion for an order allowing him to amend an informal proof of claim or, in the alternative, permitting him to file a late-filed proof of claim. The debtors opposed the motion.
ABI Membership is required to access the full summary of In re Dana Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Calpine Corp.
Jan
24
2008
Ruling
Stay pending appeal of confirmation order by holders of 5% of debtors' stock who did not participate in confirmation process denied.
Procedural posture
The debtors, a group of related companies, filed for bankruptcy relief under chapter 11 of the United States Bankruptcy Code. The debtors submitted a proposed plan, discovery ensued, and a plan was confirmed. The objecting shareholders filed a motion for a limited stay pending appeal of the confirmation order and plan modification order.
ABI Membership is required to access the full summary of In re Calpine Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Calpine Corp.
Dec
19
2007
Ruling
Sixth amended joint plan of reorganization approved.
Procedural posture
Bankruptcy debtors, a corporation and certain of its subsidiaries, proposed a plan of reorganization which involved consolidation of the debtors'estates, continued existence of the debtors, and creation of a new credit facility. The debtors sought confirmation of the plan.
ABI Membership is required to access the full summary of In re Calpine Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Calpine Corp. v. Rosetta Res. Inc. (In re Calpine Corp.)
Oct
24
2007
Ruling
Avoiding transfer of substantially all of debtor's oil and gas assets could add equity to reorganized company to benefit of creditor.
Procedural posture
Plaintiff chapter 11 debtor filed a complaint seeking to avoid the transfer of its property to defendant transferee pursuant to 11 U.S.C. § 548 and 11 U.S.C. § 544. The transferee moved pursuant to Fed. R. Civ. P. 12(b)(1) and (6), or in the alternative, an order staying the adversary proceeding, pending the determination of whether creditor claims would be satisfied in full pursuant to the proposed plan of reorganization.
ABI Membership is required to access the full summary of Calpine Corp. v. Rosetta Res. Inc. (In re Calpine Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Calpine Corp.
Oct
04
2007
Ruling
Equity committee did not establish right to stay pending appeal to contest updated valuation.
Procedural posture
Movant, the Official Equity Committee of a group of affiliated debtors, sought a stay pending appeal of the court's order approving the adequacy of the debtors'disclosure statement and related solicitation procedures. At issue, inter alia, was whether the Equity Committee was entitled to a stay under Fed. R. Bankr. P. 8005 and if so, whether a bond was properly required to be posted in connection therewith.
ABI Membership is required to access the full summary of In re Calpine Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Dana Corp.
Oct
03
2007
Ruling
Government's CERCLA claims were not subject to mandatory withdrawal.
Procedural posture
The United States of America ("Government") moved for a stay of the debtors'objection to the Government's proofs of claim and the related estimation procedures pending a decision from the district court on the Government's motion to withdraw the reference. The Government brought its claims under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA").
ABI Membership is required to access the full summary of In re Dana Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Bear Stearns High-Grade Structured Credit Strategies Master Fund Ltd.
Aug
30
2007
Ruling
Chapter 15 proceeding not necessary where foreign proceedings were not "foreign main proceedings" and center of main interests of debtor fund was the U.S.
Procedural posture
Petitioners, the joint provisional liquidators of debtor investment funds, moved, pursuant to 11 U.S.C. § 1515, for entry of orders recognizing the liquidation of the funds in foreign proceedings in the Grand Court of the Cayman Islands as foreign main proceedings pursuant to 11 U.S.C. § 1517 and granting relief pursuant to 11 U.S.C. §§ 1520 and 1521(a).
ABI Membership is required to access the full summary of In re Bear Stearns High-Grade Structured Credit Strategies Master Fund Ltd. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Lionel LLC
Aug
03
2007
Ruling
Estimation of trade secrets damaged claim appropriate where retrial of issues was likely to cause years of delay.
Procedural posture
Before the court, inter alia, was debtors'motion to estimate proof of claim number 55 (the Trade Secrets Damages Claim), filed by a claimant pursuant to 11 U.S.C. § 502(b) and (c), and Fed. R. Bankr. P. 3007. Also pending was a motion to expunge proof of claim numbers 54 (the Interest Claim) and 56 (the Legal Fees Claim) filed by the claimant under 11 U.S.C. § 502(b) and Fed. R. Bankr. P. 3007.
ABI Membership is required to access the full summary of In re Lionel LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Dana Corp.
May
30
2007
Ruling
Extension of time to file claims denied where creditor received sufficient notice.
Procedural posture
A creditor filed a motion under Fed. R. Bankr. P. 9006(b), seeking enlargement of time it had under 11 U.S.C. § 503(b)(9) to file claims for the sale of goods delivered to a corporation and affiliated corporations (debtors) during the 20-day period preceding the date the debtors filed for bankruptcy.
ABI Membership is required to access the full summary of In re Dana Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Dana Corp.
Apr
19
2007
Ruling
Reclamation claims against goods disposed of to pay prior lienholders were valueless.
Procedural posture
The court entered a reclamation order, establishing procedures for resolving reclamation claims. The debtors filed a notice and proposed reconciliation of some 132 reclamation claims, asserting a prior lien defense to the claims. The reclamation claimants, parties that had supplied prepetition goods to the debtors in the course of business just prior or during the debtors'insolvency, filed objections to the reclamation notice.
ABI Membership is required to access the full summary of In re Dana Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: