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In re Montgomery Ward LLC

Mar
09
2011
Ruling
Res judicata did not bar plan administration in debtor's second chapter 11 case from challenging the nature of debtor's lease with creditor that was assumed in the first case.
Procedural posture

Appellant plan administrator objected to claims filed by appellee creditor in a debtor's Chapter 11 proceeding. The bankruptcy court entered summary judgment for the creditor on the administrator's challenge to the nature of a lease and granted summary judgment for the administrator as to mortgage and common area maintenance (CAM) claims. The United States District Court for the District of Delaware affirmed. The parties appealed.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on March 09, 2011 , LexisNexis #0311-139
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Tidewater Fin. Co. v. Keney

Jun
25
2008
Ruling
"910" creditor entitled to deficiency claim under state law after surrender of debtor's vehicle.
Procedural posture

Appellant creditor appealed from an order of the Bankruptcy Court for the Eastern District of Virginia, confirming appellee debtor's chapter 13 bankruptcy plan. The bankruptcy court concluded that the hanging paragraph in 11 U.S.C.S. § 1325(a) prevented a 910 creditor from bifurcating her claim and asserting an unsecured deficiency claim for any portion of the debt not covered by the sale of the vehicle.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 25, 2008 , LexisNexis #0708-091
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