- 11 U.S.C.
In re Canovali
Jan
27
2011
Ruling
Creditor not entitled to relief from confirmation order where it had full notice of treatment and did not pursue objection.
Procedural posture
A creditor filed a motion for relief from an order confirming Chapter 11 debtors' plan.
ABI Membership is required to access the full summary of In re Canovali Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Washington Mutual Inc.
Jan
07
2011
Ruling
Confirmation denied due to necessary modifications to debtor bank's final settlement with FDIC, another bank and the creditor.
Procedural posture
Debtors filed petitions under chapter 11 and proposed a joint plan for reorganizing their businesses that incorporated a global settlement with a bank, the Federal Deposit Insurance Corporation (the "FDIC"), and various creditors. The plan was opposed by the United States Trustee and parties that had filed claims against the debtors' bankruptcy estates. The court held hearings on the plan.
ABI Membership is required to access the full summary of In re Washington Mutual Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Givens
Dec
07
2010
Ruling
Servicer could not be precluded from credit bid at auction of debtor's residence.
Procedural posture
In a Chapter 11 case, the servicer for the mortgage note argued that it was entitled to credit bid at the auction of the debtor's residence. The court considered the briefs filed by the parties.
ABI Membership is required to access the full summary of In re Givens Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Silva
Feb
02
2010
Ruling
Chapter 13 exception to modification of mortgage claims where final payment is due before plan completion does not apply in chapter 11.
Procedural posture
A chapter 11 bankruptcy debtor sought to reduce a mortgage creditor's claim secured by the debtor's residence to the market value of the residence, and treat the remainder of the creditor's claim as unsecured. The debtor moved for valuation and bifurcation of the creditor's claim.
ABI Membership is required to access the full summary of In re Silva Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
IBM Southeast Emples. Fed. Credit Union v. Collins
Sep
17
2008
Ruling
Plan confirmation did not provide basis for res judicata dismissal of trustee's proceeding based on debtor's prepetition right of action.
Procedural posture
After a bankruptcy debtor's reorganization plan was confirmed, appellee bankruptcy trustee brought an adversary proceeding against appellants, a credit union and its service organization, with regard to alleged mishandling of the debtor's sales tax account. The appellants sought review of the order of the Bankruptcy Court for the Middle District of Tennessee which denied a motion to dismiss the proceeding based on res judicata.
ABI Membership is required to access the full summary of IBM Southeast Emples. Fed. Credit Union v. Collins Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Eskim LLC
Aug
28
2008
Ruling
Relief from stay denied where debtor's plan would cure default on loan from creditor.
Procedural posture
A debtor filed for relief under chapter 11 of the Bankruptcy Code. A creditor sought relief from the automatic stay so that it could begin liquidating 47 residential properties that secured the debt owed to the creditor and sought to prohibit the debtor from using its cash collateral.
ABI Membership is required to access the full summary of In re Eskim LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Winget v. JP Morgan Chase Bank
Aug
11
2008
Ruling
Issue of alleged devaluation of assets prior to bankruptcy sale should have been raised before bankruptcy court.
Procedural posture
Plaintiffs, an individual and a trust, sued defendants, banks and lenders, alleging breach of the guaranty and pledge agreements and requested declaratory judgment. The District Court for the Eastern District of Michigan dismissed the complaint on the grounds it was barred by res judicata and premature with regard to future attempts to repossess collateral. Plaintiffs appealed.
ABI Membership is required to access the full summary of Winget v. JP Morgan Chase Bank 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
- 11 U.S.C.
In re Federal-Mogul Global Inc.
Mar
19
2008
Ruling
Debtors could assign asbestos insurance policies to 524(g) trust despite anti-assignment provisions.
Procedural posture
Objecting insurers challenged the assignment by chapter 11 debtors of asbestos insurance policies to a 11 U.S.C.S. § 524(g) trust, notwithstanding anti-assignment provisions in or incorporated in the policies and applicable state law.
ABI Membership is required to access the full summary of In re Federal-Mogul Global Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
ACC Bondholder Group v. Adelphia Communs. Corp. (In re Adelphia Communs. Corp.)
Jan
24
2007
Ruling
Stay pending appeal granted where appellants' arguments that plan did not satisfy best interests of creditors test had substantial probability of success.
Procedural posture
In an action arising out of jointly administered chapter 11 cases of a parent company and its subsidiaries (collectively referred to as the debtors), appellant objectors, who were holders of notes issued by the parent company, filed a motion pursuant to Fed. R. Bankr. P. 8005 for a stay pending appeal and an expedited appeal with respect to a bankruptcy court's confirmation order approving the debtors'chapter 11 reorganization plan.
ABI Membership is required to access the full summary of ACC Bondholder Group v. Adelphia Communs. Corp. (In re Adelphia Communs. Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Nattel
Dec
28
2006
Ruling
Non-operating entity with no prospect of rehabilitation could file chapter 11 case to challenge preclusive effect of foreign court's valuation order.
Procedural posture
A creditor filed motions to dismiss a debtor's chapter 11 bankruptcy case under 11 U.S.C. § 1112(b)(1) or in the alternative, for abstention under 11 U.S.C. § 305(a), , in the alternative, for relief from the automatic stay under 11 U.S.C. § 362(d)(1).
ABI Membership is required to access the full summary of In re Nattel Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: