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§ 1123(a)(5)

Purdue Pharma L.P., In re

Sep
17
2021
Ruling
Plan's third-party claims release provision allowed provided debtor's conduct is shown to be alegal cause of the released claims. (Bankr. S.D.N.Y.)
Issue(s)
Contents of Plan; Mandatory Provisions; Adequate Means of Implementation.

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Commercial opinion summary, case decided on September 17, 2021 , LexisNexis #1121-043
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In re Kirk LLC

Dec
15
2016
Ruling
LLC's proposed plan confirmed because there is an adequate disclosure statement and allcreditors had voted in favor of the plan. (Bankr. D. Utah)
Issue(s)
Contents of Plan; Mandatory Provisions; Adequate Means of Implementation.

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Commercial opinion summary, case decided on December 15, 2016 , LexisNexis #0117-080
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In re Catton

Aug
09
2016
Ruling
Debtor was not entitled to a credit for the default interest he paid to either the bank or asecond lender. (Bankr. S.D. Cal.)
Issue(s)
Was debtor entitled to credit for default interest paid to lenders?

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Consumer opinion summary, case decided on August 09, 2016 , LexisNexis #0916-030
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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
Commercial opinion summary, case decided on August 15, 2013 , LexisNexis #0913-061
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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.

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Commercial opinion summary, case decided on August 28, 2008 , LexisNexis #0908-088
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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.

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Commercial opinion summary, case decided on March 19, 2008 , LexisNexis #0408-103
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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).

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opinion summary, case decided on December 28, 2006 , LexisNexis #0207-084
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