- 11 U.S.C.
Popgrip LLC v. Browns Chicken & Pasta Inc. (In re Browns Chicken & Pasta Inc.)
Dec
06
2013
Ruling
Purchaser of debtor's equipment was entitled to turnover and could assume unscheduled franchise agreements without court approval.
Issue(s)
Was purchaser of debtor's equipment entitled to turnover of the equipment and assumption of franchise agreements.
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Court
:
- 11 U.S.C.
In re Harriman
Oct
02
2013
Ruling
Secured claim on debtor's residence could not be modified.
Issue(s)
Was creditor manufacturer entitled to relief from stay in order to foreclose on mobile home.
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Court
:
- 11 U.S.C.
Irving Tanning Co. v. Maine Superintendent of Ins.
Aug
15
2013
Ruling
Confirmation properly denied due to discharge of liabilities of guarantors and accelerating deadlines for filing of workers' compensation claims.
Issue(s)
Was discharge properly denied due to discharging liabilities of debtors' guarantors through a channeling injunction and acceleration of workers' compensation deadlines.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Bovino
Jul
26
2013
Ruling
Debtor could pay claim for delinquent taxes paid by others over the life of the proposed plan.
Issue(s)
Whether a bank that held a secured interest in real property a chapter 11 debtor owned established that there was "cause" to dismiss the debtor's case under 11 U.S.C.S. § 1112, or met its burden of showing that it was entitled under 11 U.S.C.S. § 362(d) to relief from the automatic stay.
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Court
:
- 11 U.S.C.
In re Rivera
Apr
15
2013
Ruling
Confirmation denied due to insufficient payments to secured creditor.
Procedural posture
Debtors filed a petition under chapter 11 of the Bankruptcy Code, proposed a plan for paying their creditors, and subsequently amended and supplemented their plan. A bank that held a mortgage on the debtors' residence filed an objection to the debtors' supplemented plan, and the court held a hearing on the debtors' request for confirmation of their plan and the bank's objection.
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Court
:
- 11 U.S.C.
Lovett v. Cardinal Health Inc. (In re Diabetes Am. Inc.)
Dec
21
2012
Ruling
Plan agent had standing to pursue fraudulent transfer proceeding on behalf of debtor.
Procedural posture
Plaintiff Plan Agent filed this adversary proceeding against defendant, an alleged transferee of constructively fraudulent transfers under 11 U.S.C.S. § 548 and Tex. Bus. & Com. Code Ann. § 24.005, seeking recovery of the transfers. The alleged transferee filed a motion to dismiss based on lack of standing under 11 U.S.C.S. § 1123(b)(3).
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Court
:
- 11 U.S.C.
In re Schayes
Dec
04
2012
Ruling
Debtors' home, purchased for investment but used as pre- and postpetition residence was their primary residence.
Procedural posture
Chapter 11 debtors filed a motion for summary judgment on their claim that their home did not qualify as their principal residence for purposes of 11 U.S.C.S. § 1123(b)(5). A secured lender filed a response.
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Court
:
- 11 U.S.C.
Tiger Trading Inc. v. HDD Rotary Sales LLC (In re HDD Rotary Sales LLC)
Jul
17
2012
Ruling
Counterclaim by debtor in adversary proceeding was akin to affirmative defense of recoupment and survived confirmation.
Procedural posture
Plaintiff creditor brought an adversary proceeding seeking a declaration that it owned a 30 percent interest in certain technology and a pending patent. Defendant debtor denied the ownership claim, and asserted by counterclaim that the creditor had breached the same contract under which the alleged ownership rights arose by failing to pay its share of the development costs. Creditor moved to dismiss the counterclaim.
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Court
:
- 11 U.S.C.
In re Quincy Medical Ctr.
Nov
16
2011
Ruling
Plan could be confirmed with modifications to proposed releases, injunction provisions and exemptions.
Procedural posture
Chapter 11 debtors sought confirmation of their joint plan of liquidation, which contained provisions for certain releases, exculpation, and injunctions.
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Court
:
- 11 U.S.C.
In re Christopherson
Feb
28
2011
Ruling
Confirmation denied due to improper cram down of mortgage on debtor's primary residence.
Procedural posture
Before the court was the confirmation of a debtor's Chapter 11 plan. Three creditors objected to the modification of their secured mortgages pursuant to 11 U.S.C.S. § 1123(b)(5).
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Court
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