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§ 1125

Pachulski Stang Ziehl & Jones LLP v. Arlie & Co. (In re Arlie & Co.)

Ruling
Court lacked jurisdiction over post-confirmation proceeding for breach of stipulation and attorneys' fees.
Issue(s)
Did the bankruptcy court have subject matter jurisdiction over a postconfirmation proceeding for breach of stipulation and related promissory note?

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Commercial opinion summary, case decided on February 04, 2015 , LexisNexis #0315-029

Iberiabank v. Geisen (In re FFS Data Inc.)

Ruling
Confirmed chapter 11 plan's release of debtor's president who guaranteed a loan was effective to bar creditor's claims against the president.
Issue(s)
Did debtor's chapter 11 plan release bank's claims against debtor's president?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on January 23, 2015 , LexisNexis #0215-099

Iberiabank v. Geisen (In re FFS Data Inc.)

Ruling
Confirmed chapter 11 plan's release of debtor's president who guaranteed a loan was effective to bar creditor's claims against the president.
Issue(s)
Did debtor's chapter 11 plan release bank's claims against debtor's president?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on January 23, 2015 , LexisNexis #0215-099

Saipan Air Inc. v. Stukes

Ruling
Ambiguous provision of confirmed plan did not bar unsecured creditor's claim against debtor's employees, officers, or advisers.
Issue(s)
Did debtor airline's confirmed plan bar unsecured creditor's claim against debtor's employees, officers, or advisers?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on February 06, 2014 , LexisNexis #0714-065

In re Brooks

Ruling
Disclosure statement was insufficient due to failure to provide information regarding joint venture.
Issue(s)
Could chapter 11 debtor's disclosure statement not containing information regarding entity with which it proposed to enter into a joint venture or new bids debtor was supposedly awarded .

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Consumer opinion summary, case decided on October 08, 2013 , LexisNexis #1013-132

In re Southern Mont. Elec. Gen. & Transmission Coop. Inc.

Ruling
Final approval granted to trustee's disclosure statement.
Issue(s)
Did trustee's disclosure statement for its third amended plan satisfy previous objections.

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Commercial opinion summary, case decided on October 01, 2013 , LexisNexis #1013-099

J&K Adrian Bakery LLC v. Dayton Superior Corp. (In re Dayton Superior Corp.)

Ruling
Claim for damages pertaining to postconfirmation activities were not within scope of confirmation order.
Procedural posture

Successor to a party that entered into a commercial lease with debtor, brought a proceeding in the U.S. District Court for the Northern District of Alabama alleging three counts for damages to its property. That court transferred the dispute to the instant court to determine whether the claims fell under the scope of the Confirmation Order.

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Commercial opinion summary, case decided on January 15, 2013 , LexisNexis #0213-021

In re Construction Supervision Servs. Inc.

Ruling
Objections to debtor's disclosure statement sustained due to failure to supply adequate information.
Procedural posture

Before the court was a disclosure statement filed by a chapter 11 debtor and the debtor's supplement to the disclosure statement. Creditors filed objections to the debtor's disclosure statement on the ground that it failed to provide enough adequate information as required by 11 U.S.C.S. § 1125.

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Commercial opinion summary, case decided on October 01, 2012 , LexisNexis #1012-136

In re Charter Communs. Inc.

Ruling
Dismissal of appeal of confirmation as equitably moot affirmed.
Procedural posture

A bankruptcy court confirmed the chapter 11 reorganization plan of appellees, a debtor and its affiliated debtors. Appellants, an indenture trustee and a shareholder, appealed the confirmation order. The United States District Court for the Southern District of New York dismissed the appeals under the doctrine of equitable mootness. Appellants filed an appeal.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 31, 2012 , LexisNexis #1012-027

In re Ferguson

Ruling
Approval of amended disclosure statement denied due to failure to provide creditors with sufficient information to make informed decision on plan.
Procedural posture

Debtor declared chapter 11 bankruptcy and filed an amended disclosure statement for his second amended chapter 11 bankruptcy plan. The court conducted a hearing on the debtor's disclosure statement.

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Consumer opinion summary, case decided on July 06, 2012 , LexisNexis #0912-096