- 11 U.S.C.
Mission Hen, LLC v. Lee
May
22
2025
Ruling
Claim that matured during the plan’s term was subject to modification and could be bifurcated. (9th Cir.)
Issue(s)
Contents of Plan.
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Court
:
- 11 U.S.C.
Adair, In re--Adair v. Stutsman Constr., L.L.C.
May
20
2025
Ruling
Unclean hands defense to nondischargeability was improperly precluded as it was not litigated in state court default judgment proceeding. (5th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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Court
:
- 11 U.S.C.
BSA, In re
May
13
2025
Ruling
Confirmed Chapter 11 plan including nonconsensual third party releases could not be vacated due to effect on completed insurance buyback funding the plan. (3d Cir.)
Issue(s)
Confirmation of Plan; Requirements; Plan Proposed in Good Faith.
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Court
:
- 11 U.S.C.
Ellingsworth Residential Cmty. Ass'n, Inc., In re--Guan v. Ellingsworth Residential Cmty. Ass'n, Inc.
Jan
13
2025
Ruling
Not-for-profit homeowners association was an eligible Subchapter V debtor as eligibility is not limited to for-profit entities. (11th Cir.)
Issue(s)
Definitions; “Small Business Debtor”.
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Court
:
- 11 U.S.C.
Serta Simmons Bedding, L.L.C., In re--Excluded Lenders v. Serta Simmons Bedding, L.L.C.
Dec
31
2024
Ruling
Court rejected plan due to indemnity offered to “superpriority” holders, whose claims had been individually negotiated, resulting in unequal treatment of claims within the class. (5th Cir.)
Issue(s)
Contents of Plan; Discretionary Provisions; Claims of Debtor; Settlement or Adjustment.
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Court
:
- 11 U.S.C.
Clem, In re-- Clem v. Tomlinson
Dec
23
2024
Ruling
Bankruptcy court erred in failing to apply collateral estoppel to arbitrator’s findings that debtor’s alleged fraud and misrepresentation were not established. (5th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Financial Oversight & Mgmt. Bd. for P.R., In re
Nov
13
2024
Ruling
Bondholders’ lien on Puerto Rico Electric Power Authority's special revenues was subordinate to the utility’s reasonable and necessary post-petition operating expenses. (1st Cir.)
Issue(s)
Post Petition Effect of Security Interest; Liens on Special Revenues.
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Court
:
( Judge Kayatta ) [ Circuit Court ]
- 11 U.S.C.
Hertz Corp., In re--Wells Fargo Bank, N.A. v. Hertz Corp.
Sep
10
2024
Ruling
Bankruptcy court correctly disallowed claim for unmatured interest as it was either definitionally interest or its economic equivalent. (3d Cir.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unmatured Interest.
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Court
:
( Judge Ambro ) [ Circuit Court ]
- 11 U.S.C.
Generation Res. Holding Co., LLC, In re--Rajala v. Spencer Fane LLP
Jul
10
2020
Ruling
Trustee could not recover legal fees where law firms were neither initial nor subsequent transferees as they never received the transferred property. (10th Cir.)
Issue(s)
Liability of Transferee of Avoided Transfer.
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Court
:
( Judge McHugh ) [ Circuit Court ]
- 11 U.S.C.
Belton, In re--Belton v. GE Capital Retail Bank
Jun
16
2020
Ruling
Proceeding for violation of the discharge order was not an arbitrable dispute. (2d Cir.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Court
:
( Judge Sullivan ) [ Circuit Court ]