Skip to main content

§ 1115

Goodwin, In re

Ruling
Debtor's proposed private sale of equipment, including a rock crusher essential to debtor’sbusiness in one transaction was denied and the property was ordered to be auctioned. (Bankr.D. Kan.)
Issue(s)
Property of the Estate; Additional Property Where Debtor is an Individual.

ABI Membership is required to access the full summary of Goodwin, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 03, 2022 , LexisNexis #1222-045

Ramirez, In re

Ruling
Probate estate interests deemed as property of the debtors' respective bankruptcy estates.(Bankr. S.D. Tex.)
Issue(s)
Property of the Estate.

ABI Membership is required to access the full summary of Ramirez, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 16, 2017 , LexisNexis #0917-082

Lincoln, In re

Ruling
Trustee's motion for turnover of funds held in a Debtor-in-Possession bank account was granted as the funds were acquired postpetition. (Bankr. E.D. La.)
Issue(s)
Property of the Estate.

ABI Membership is required to access the full summary of Lincoln, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 08, 2017 , LexisNexis #0317-047

Brown v. Ferroni (In re Brown)

Ruling
BAPCPA did not abrogate the absolute priority rule in individual chapter 11 cases.
Issue(s)
Whether an individual Chapter 11 debtor had to satisfy the 11 U.S.C.S. § 1129(b)(2)(B)(ii) absolute priority rule when an impaired unsecured creditor objected to the proposed reorganization plan.

ABI Membership is required to access the full summary of Brown v. Ferroni (In re Brown) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 24, 2014 , LexisNexis #0714-020

In re Gerard

Ruling
Debtors' retention of estate property did not violate the absolute priority rule.

ABI Membership is required to access the full summary of In re Gerard Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 07, 2013 , LexisNexis #0813-131

Cantu v. Stone (In re Cantu)

Ruling
Debtor in converted case lacked standing to bring action against accountant arising postpetition.
Procedural posture

In a case filed by debtors alleging malpractice, negligence, fraudulent misrepresentation, and other causes of action, defendant accountant filed a motion for summary judgment.

ABI Membership is required to access the full summary of Cantu v. Stone (In re Cantu) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 22, 2013 , LexisNexis #0613-134

Dill Oil Co. v. Stephens (In re Stephens)

Ruling
BAPCPA did not repeal absolute priority rule by implication.
Procedural posture

The U.S. Bankruptcy Court for the Western District of Oklahoma determined that the Bankruptcy Abuse Prevention and Consumer Protection Act exempted individual chapter 11 debtors from the absolute priority rule, and confirmed appellee debtors' proposed plan of reorganization over appellant creditors' objections that the plan violated the absolute priority rule. The bankruptcy appellate panel certified the case for direct appeal.

ABI Membership is required to access the full summary of Dill Oil Co. v. Stephens (In re Stephens) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on January 15, 2013 , LexisNexis #0213-020

In re Martinez

Ruling
Insurance proceeds from deceased debtor's policy were property of spouse's estate.
Procedural posture

Chapter 11 debtor filed a motion for a determination that life insurance proceeds payable to her from a policy exempted by her late debtor husband were not property of the estate in her chapter 11 case.

ABI Membership is required to access the full summary of In re Martinez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 31, 2011 , LexisNexis #0611-028