- 11 U.S.C.
Koessler, In re
Aug
02
2021
Ruling
Chapter 11 debtors' motion to value real property was denied as creditor's entire first mortgagelien was protected from modification. (Bankr. S.D. Fla.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders' Rights
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Court
:
- 11 U.S.C.
Seaboard Hotel Mbr. Assocs., LLC, In re--NCA Inv'rs Liquidating Trust v. Berkowitz, Trager & Trager, LLC
Jun
10
2021
Ruling
Avoidance action could proceed against a transactional law firm as the plan specificallypreserved all causes of action against law firms. (Bankr. D. Del.)
Issue(s)
Contents of Plan; Discretionary Provisions; Claims of Debtor; Retention and
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Court
:
3rd Circuit ( ) [ Bankruptcy Court ]
- 11 U.S.C.
B&G Crop Farms, LLC, In re
May
27
2021
Ruling
Credit union's claim was not shielded from modification because debtors' interest in a creditunion share account that secured the credit union's claim was personal property, not realproperty. (Bankr. W.D. Mich.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders' Rights
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- 11 U.S.C.
Brock, In re
May
10
2021
Ruling
Debtor could not extend the term of a loan secured by debtor's primary residence. (Bankr. N.D.Miss.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights
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Court
:
- 11 U.S.C.
Astria Health, In re
Jan
22
2021
Ruling
Releases and exculpation provisions in a proposed Chapter 11 plan did not prevent planapproval. (Bankr. E.D. Wash.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.
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Filene's Basement, LLC, In re
Oct
26
2020
Ruling
Order entered enforcing the confirmation order and plan and settlement embodied in theplan. (Bankr. D. Del.)
Issue(s)
Contents of Plan; Discretionary Provisions.
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:
- 11 U.S.C.
Wissel, In re--Wissel v. Deutsche Bank Nat’l Trust Co.
Sep
14
2020
Ruling
BAPCPA definitions of "debtor's principal residence" and "incidental property” expandedthe reach of Chapter 11 anti-modification provision to prevent cramdown of mortgage onprimary residence also used for business. (Bankr. D.N.J.)
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.
Berkland, In re
Apr
06
2018
Ruling
Debtor was not prohibited from modifying a secured claim a mortgagee held against real property that was both the debtor's principal residence and rental property. (Bankr. D. Mass.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders' Rights Except Those Secured by Debtor’s Principal Residence.
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:
- 11 U.S.C.
Mt. Glacier LLC, In re--Nestlé Waters N. Am., Inc. v. Mt. Glacier LLC
Dec
11
2017
Ruling
Plan was sufficient to retain debtor's claim where there is no other requirement for the debtorwho wishes to retain an existing claim for future litigation. (6th Cir.)
Issue(s)
Contents of Plan; Discretionary Provisions; Claims of Debtor.
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Judge or Jurisdiction information not available
- 11 U.S.C.
LaPorta, In re
Dec
05
2017
Ruling
Court allowed debtor to cure a default in home mortgage loan through installment payments. (Bankr. N.D. Ill.)
Issue(s)
Contents of Plan; Discretionary Provisions; Impairment of Classes.
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: