- FRBP
In re Welsh
Oct
21
2015
Ruling
Preconfirmation modifications to chapter 13 plan could not be approved due to failure to notify creditors.
Issue(s)
Whether debtor's pre-confirmation modified plan was properly noticed to creditors so as to allow confirmation?
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Court
:
- FRBP
In re University Gen. Hosp. Sys.
Mar
27
2015
Ruling
Debtors or designated contractor could send required notices instead of bankruptcy clerk.
Issue(s)
Should debtor or designated contractor be allowed to send required notices usually sent by clerk?
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Court
:
In re Pacific Cargo Servs. LLC
Sep
18
2013
Ruling
Creditor's motion to vacate sale order denied given sufficient notice.
Issue(s)
Should sale of assets be vacated on motion of creditor provided with mail and electronic notice with shortened sale period .
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Court
:
In re Love
Aug
30
2013
Ruling
Debtor ordered to properly serve application for settlement of personal injury cases on unsecured creditors prior to court issuing ruling.
Issue(s)
Could court rule on settlement where unsecured creditors had not been served or received a hearing .
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Court
:
- FRBP
In re BGI Inc.
Aug
14
2012
Ruling
Gift card holders could not file late postconfirmation proofs of claim.
Procedural posture
Movant gift card holders filed a motion seeking an order which authorized them to file untimely proofs of claim against a bookstore's chapter 11 bankruptcy estate, based on amounts that remained on consumer gift cards they held, and a motion seeking class certification on behalf of all holders of the bookstore's gift cards. A creditors' liquidating trust, as successor to the bookstore, and the trustee of the liquidating trust filed an objection.
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Court
:
- FRBP
In re Franklin
Oct
31
2011
Ruling
Confirmation denied due to debtor's failure to give adequate notice of modified plan to creditors.
Procedural posture
The court considered whether it could confirm the amended plan of the chapter 13 debtor, where the plan was modified such that creditors received less than 28 days notice of the amended plan before the hearing, under Fed. R. Bankr. P. 2002(b).
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Court
:
In re Green River Biodiesel Inc.
Sep
24
2010
Ruling
Creditor with actual notice of bankruptcy was allowed to file late proof of claim where notice of bar date was not sent to address in schedules.
Procedural posture
An unsecured creditor sought leave to file its claims after the bar date, asserting that it failed to receive notice of the bar date under Fed. R. Bankr. P. 2002(a)(8). Respondent, the debtor, objected to the motion.
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Court
:
In re Xechem Intl Inc.
Feb
26
2010
Ruling
Creditor given leave to file late amendment to late proof of claim, but not to add personal property claim.
Procedural posture
In a debtor's chapter 11 bankruptcy case, the debtor and the committee of unsecured creditors objected to a creditor's claim. The creditor moved to deem his claim timely filed and to amend his claim.
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Court
:
In re Berwick Black Cattle Co.
Sep
23
2008
Ruling
Plan confirmation denied despite lack of objection due to inappropriate blanket third-party releases.
Procedural posture
Bankruptcy debtors proposed a chapter 11 reorganization plan which provided for releases of claims by third parties against, among others, the primary creditors of the debtors which were financing the debtors' reorganization. The debtors sought confirmation of the plan, and no party in interest objected to the releases.
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Court
:
- FRBP
Robilio v. Stevenson (In re Robilio)
Jul
13
2007
Ruling
Dismissal for nonpayment upheld as chapter 13 debtor was provided with proper notice and hearing.
Procedural posture
Appellee trustee filed a motion to dismiss a case which appellant debtor filed under chapter 13 for failure to comply with the terms of a repayment plan. The Bankruptcy Court for the Western District of Tennessee dismissed the debtor's case and denied in part the debtor's motion to impose the automatic stay pending appeal. The debtor appealed.
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