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Butler v. Ormet Corp.

Ruling
Time-barred wrongful discharge claim properly disallowed by bankruptcy court.
Procedural posture

Appellant, a claimant in a chapter 11 case, challenged a denial, by the Bankruptcy Court for the Southern District of Ohio, of a Fed. R. Civ. P. 59(e) motion for reconsideration of its denial of an earlier motion under 11 U.S.C.S. § 502(j) and Fed. R. Bankr. P. 3008 to set aside the order disallowing his claim against appellee debtors. At issue was whether the bankruptcy court had abused its discretion in so ruling.

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Commercial opinion summary, case decided on January 13, 2009 , LexisNexis #0309-031

Peabody Landscape Constr. v. Schottenstein

Ruling
Debtors'state law claims against third parties re-vested with debtors post-confirmation and were no longer within bankruptcy court's "related to"jurisdiction.
Procedural posture

Plaintiff landscape construction company filed a voluntary petition for bankruptcy under chapter 11. Defendants, alleged debtors of the company, pursuant to Fed. R. Civ. P. 12(b)(6), filed motions to dismiss the debtor's contract and restitution claims under state law.

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opinion summary, case decided on July 18, 2007 , LexisNexis #0907-035