Confirmation of Chapter 13 plan that held property in the estate reversed. (7th Cir.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Compliance with Title 11.
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Cherry, In re
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Court reversed the order that debtor had to object to a proof of claim by serving it on the Attorney General as Rule 3007 states that objection only had to be mailed to the claimant. (8th Cir.)
Issue(s)
Objections to Claims.
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Nicolaus, In re--Nicolaus v. United States
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Trustee allowed to recover from bank all direct loan repayments received after bank's proven good faith ended. (6th Cir. Mich.)
Issue(s)
Liability of Transferee of Avoided Transfer.
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Meoli v. Huntington Nat'l Bank
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State unfair practices actions seeking restitution constituted police or regulatory power actions that could not be removed to bankruptcy court.
Procedural posture
Plaintiff governmental entities sued defendant corporation and its utility company in state court seeking restitution to third parties under Cal. Bus. & Prof. Code section 17200 of the California Unfair Practices Act. The actions were removed to bankruptcy court. The bankruptcy court ruled the section 17200 actions for restitution were not removable. The U.S. district court held otherwise. The entities appealed.
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City & County of San Francisco v. PG&E Corp.
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Court
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Judge or Jurisdiction information not available
opinion summary, case decided on
January 10, 2006
, LexisNexis #0106-127
Attorney violated Bankruptcy Rules by filing bankruptcy petition for the debtor without meeting with the debtor to confirm that the debtor authorized second filing.
Procedural posture
Appellee trustee moved for sanctions against appellant attorney, alleging that the attorney violated Fed. R. Bankr. P. 9011 by filing a bankruptcy petition for the debtor without meeting with the debtor or obtaining the debtor's signature. The bankruptcy court agreed and imposed sanctions. The bankruptcy appellate panel affirmed the bankruptcy court's order. The attorney appealed.
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Briggs v. Labarge (In re Phillips)
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Court
:
Judge or Jurisdiction information not available
opinion summary, case decided on
January 09, 2006
, LexisNexis #0106-129
Asset sale approval was affirmed since the bankruptcy court did not err in characterizing the lenders'financing as debt rather than equity and since the lenders were allowed to credit bid the full face value of their claims against the debtor's estate.
Procedural posture
A creditors' committee in a bankruptcy case brought an adversary proceeding against appellee lenders challenging a sale under 11 U.S.C. § 363(b) of debtors' assets; appellant plan administrator was substituted for the committee. The district court withdrew the reference to the bankruptcy court and approved the sale. The administrator appealed.
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Cohen v. KB Mezzanine Fund II LP (In re SubMicron Sys. Corp.)
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Court
:
Judge or Jurisdiction information not available
opinion summary, case decided on
January 06, 2006
, LexisNexis #0106-112
Retailer was entitled to assume an executory contract with a credit card company providing for a co-branded credit card postfiling since the retailer was not in breach of contract.
Procedural posture
Appellant credit card company sought review of a decision from the district court, which found that appellee, a large retail store chain, was entitled to continue its contract with the credit card company that provided for a co-branded credit card even though the retail chain had filed for bankruptcy.
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In re Kmart Corp.
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Court
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Judge or Jurisdiction information not available
opinion summary, case decided on
January 04, 2006
, LexisNexis #0106-113
Discharge of debtor's student loans due was overturned since the debtor had failed to show undue hardship
Procedural posture
Appellant student loan management company appealed from the order of the district court, which held that appellee debtor satisfied the undue hardship requirement in 11 U.S.C. § 523(a)(8) and was entitled to discharge her student loans.
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Educ. Credit Mgmt. Corp. v. Frushour (In re Frushour)
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Court
:
Judge or Jurisdiction information not available
opinion summary, case decided on
December 30, 2005
, LexisNexis #0106-117
Debtor corporation was denied confirmation of its chapter 11 reorganization plan because the plan's distribution of warrants to equity interest holders over the objection of a class of unsecured creditors violated the absolute priority rule.
Procedural posture
Appellant debtor corporation and two of its subsidiaries filed a chapter 11 petition for bankruptcy. An unsecured creditors committee filed objections to the bankruptcy court's proposed findings and conclusions with the district court. The district court denied confirmation of the bankruptcy reorganization plan. The debtor corporation appealed.
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In re Armstrong World Indus.
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Court
:
Judge or Jurisdiction information not available
opinion summary, case decided on
December 29, 2005
, LexisNexis #0106-125