- 11 U.S.C.
Serta Simmons Bedding, L.L.C., In re--Excluded Lenders v. Serta Simmons Bedding, L.L.C.
Dec
31
2024
Ruling
Court rejected plan due to indemnity offered to “superpriority” holders, whose claims had been individually negotiated, resulting in unequal treatment of claims within the class. (5th Cir.)
Issue(s)
Contents of Plan; Discretionary Provisions; Claims of Debtor; Settlement or Adjustment.
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Court
:
- 11 U.S.C.
Curepoint, LLC, In re--Wender v. Miles
Sep
30
2024
Ruling
Trustee had standing to bring claims that were properly disclosed and reserved in confirmed Chapter 11 plan and transferred to the liquidation trust. (Bankr. N.D. Ga.)
Issue(s)
Contents of Plan; Discretionary Provisions; Claims of Debtor.
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Court
:
- 11 U.S.C.
Lee v. United States Bank N.A.
May
23
2024
Ruling
Bankruptcy court did not err in concluding that the anti-modification provision applied toappellee's secured claim as the claim was secured by appellant's real property. (11th Cir.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders' Rights
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:
Judge or Jurisdiction information not available
Hansen, In re
Feb
16
2024
Ruling
Trustee's amended plan of liquidation properly provided for the treatment of all claims andinterests, whether impaired or otherwise. (Bankr. D. Utah)
Issue(s)
Contents of Plan; Discretionary Provisions.
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Court
:
- 11 U.S.C.
Pharma L.P., In re--Purdue Pharma, L.P. v. City of Grande Prairie
May
30
2023
Ruling
District court erred in holding that the bankruptcy court lacked the authority to approve a plan that included the non-consensual third-party releases of direct claims against non-debtors. (2d Cir.)
Issue(s)
Contents of Plan; Discretionary Provisions; Other Appropriate Provisions.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Jacobs, In re
Jan
06
2023
Ruling
Debtor could not avoid application of § 1123(b)(5) by granting creditor with claim secured onlyby debtor’s residence an additional lien under its plan. (Bankr. D.N.M.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders' Rights
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
5171 Campbells Land Co., In re--Bernstein v. Meyer, Unkovic & Scott LLP
Jul
25
2022
Ruling
Post-confirmation vesting of estate property did not deprive the plan administrator of powerto pursue claims. (Bankr. W.D. Pa.)
Issue(s)
Contents of Plan; Discretionary Provisions; Claims of Debtor; Retention and
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Judge or Jurisdiction information not available
- 11 U.S.C.
Hyde, In re
Jun
06
2022
Ruling
Confirmation of debtor's Subchapter V plan of reorganization was granted as the plansatisfied all applicable requirements. (Bankr. E.D. La.)
Issue(s)
Contents of Plan; Discretionary Provisions; Assumption, Rejection or Assignment of
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Court
:
- 11 U.S.C.
Placid Oil Co., In re--Placid Oil LLC v. Avalon Farm, Inc.
Jun
03
2022
Ruling
Environmental contamination claims were not discharged as the debtor assumed anunexpired surface lease in its plan without giving the creditor lessor predecessor actualnotice. (Bankr. N.D. Tex.)
Issue(s)
Contents of Plan; Discretionary Provisions; Assumption, Rejection or Assignment of
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Court
:
- 11 U.S.C.
Herron, In re--Herron v. IRS
Oct
05
2021
Ruling
Tax debt was nondischargeable as debtor's conduct in making large nonessential purchaseswhile fully aware of a significant tax liability showed a willful attempt to evade or defeat thetax. (Bankr. W.D. Pa.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders' Rights
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Court
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