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§ 101(5)

United States Pipe & Foundry Co., In re--United States Pipe & Foundry Co. v. Adams

Ruling
Debtor's motion for judgment denied as the law required that there must be a minimum amount of knowledge by the claimants of the debtor's pre-confirmation conduct before an actual claim may be established properly. (Bankr. M.D. Fla.)
Issue(s)
Definitions; “Claim”.

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Commercial opinion summary, case decided on November 07, 2017 , LexisNexis #1217-031

Motors Liquidation Co., In re

Ruling
Motion was denied as movant's civil claims were merely contingent and did not pass the "faircontemplation test" determining whether his claims were one to which the company was answerable to under the law. (Bankr. S.D.N.Y.)
Issue(s)
Definitions; “Claim”.

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Commercial opinion summary, case decided on October 18, 2017 , LexisNexis #1117-091

Newman, In re

Ruling
Landlord did not possess a valid claim against the co-debtor spouse of a bankruptcy debtoras he had no "right to payment." (Bankr. E.D. Tenn.)
Issue(s)
Definitions; “Claim”.

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Consumer opinion summary, case decided on June 14, 2017 , LexisNexis #0717-061

Todd, In re

Ruling
Order of contempt against the Indiana Department of Workforce Development (IDWD) granted as the creditor's garnishment of overpayed unemployment benefits was a violation of the discharge injunction. (Bankr. S.D. Ind.)
Issue(s)
Definitions; “Claim”.

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Consumer opinion summary, case decided on April 24, 2017 , LexisNexis #0517-123

In re Johns-Manville Corp.

Ruling
Claim based on prepetition exposure to asbestos giving rise to postpetition injury was discharged by confirmation.
Issue(s)
Was creditor’s prepetition asbestos liability claim discharged by confirmation of debtor’s chapter 11 plan?

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Commercial opinion summary, case decided on June 30, 2016 , LexisNexis #0716-091

In re City of Detroit

Ruling
Plan injunction enforced against claims arising prior to city’s chapter 9 petition. (Bankr. E.D.Mich.)
Issue(s)
Definitions; “Claim”.

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Commercial opinion summary, case decided on April 19, 2016 , LexisNexis #1116-071

Whitcomb v. Smith (In re Smith)

Ruling
State court judgment for equitable remedy was not in rem and could be asserted as proof of claim.
Issue(s)
Was judgment for breach of agreement for transfer of title in rem and not a basis for a proof of claim?

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Consumer opinion summary, case decided on December 03, 2015 , LexisNexis #1215-106

In re Pearson

Ruling
Debtors who had received a chapter 7 discharge could not voluntarily convert the case to chapter 13.
Issue(s)
Could chapter 7 debtors who had received a discharge voluntarily convert the case to chapter 13?

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Consumer opinion summary, case decided on May 26, 2015 , LexisNexis #0615-071

In re Metro Affiliates Inc.

Ruling
Debtor's objection to severance claim overruled.
Issue(s)
Should severance claims of nineteen former employees of debtor be allowed?

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Commercial opinion summary, case decided on July 31, 2014 , LexisNexis #0814-106

In re Solitran Devices Inc.

Ruling
Potentially responsible parties had no claim for contribution with respect to hazardous waste clean-up against debtor where underlying claim by state had been discharged.
Issue(s)
Could potentially responsible parties for hazardous waste clean-up costs seek a claim for contribution against debtor whose liability to the state on the underlying claim had been discharged?

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Commercial opinion summary, case decided on May 23, 2014 , LexisNexis #0614-071