Rental Car Intermediate Holdings LLC, In re--Wells Fargo Bank, N.A. v. U.S. Bank N.A.
Jan
02
2025
Ruling
Indenture trustees’ request for bond to cover noteholders' disputed claims denied as it would improperly modify confirmed plan post-substantial consummation and result in preferential treatment. (Bankr. D. Del.)
Issue(s)
Modification of Plan; After Confirmation and Before Substantial Consummation.
ABI Membership is required to access the full summary of Rental Car Intermediate Holdings LLC, In re--Wells Fargo Bank, N.A. v. U.S. Bank N.A. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Heritage Collegiate Apparel, In re
Dec
20
2024
Ruling
Debtor ordered to amend plan and disclosures to ensure clarity, transparency and compliance with the Bankruptcy Code. (Bankr. E.D. Mich.)
Issue(s)
Modification of Plan; After Confirmation and Before Substantial Consummation.
ABI Membership is required to access the full summary of Heritage Collegiate Apparel, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Northeast Gas Generation, LLC
Mar
18
2022
Ruling
Court denied motion to reopen debtor’s Chapter 11 case to make even a small modificationdenied as the plan had been substantially consumated. (Bankr. D. Del.)
Issue(s)
Modification of Plan; After Confirmation and Before Substantial Consummation.
ABI Membership is required to access the full summary of Northeast Gas Generation, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
SS Body Armor I, Inc., In re
Jun
07
2021
Ruling
Trustee's requested extension of term of recovery trust was not a modification of the plan andcould be allowed. (Bankr. D. Del.)
Issue(s)
Modification of Plan; After Confirmation and Before Substantial Consummation.
ABI Membership is required to access the full summary of SS Body Armor I, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Boise Gun Co., In re
Jan
12
2018
Ruling
Debtor's motion to modify its chapter 11 plan was denied where the plan was substantiallyconsummated at the time it filed its motion. (Bankr. D. Idaho)
Issue(s)
Modification of Plan; After Confirmation and Before Substantial Consummation.
ABI Membership is required to access the full summary of Boise Gun Co., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Shefa, LLC, In re
Dec
22
2017
Ruling
Court denied City's motion seeking an order to compel the debtor to deed a property to the City as there was no "Event of Default" by the debtor under the terms of the confirmation order. (Bankr. E.D. Mich.)
Issue(s)
Modification of Plan; After Confirmation and Before Substantial Consummation.
ABI Membership is required to access the full summary of Shefa, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Electric Maint. & Constr. Inc.
May
19
2016
Ruling
Unsecured creditors lacked standing to compel modification of plan.
Issue(s)
Whether a reorganized debtor under a confirmed Chapter 11 plan can be compelled by an unsecured creditor to modify its plan to account for the resolution of a secured creditor's claim that, in theory, frees up cash for distribution to unsecured creditors?
ABI Membership is required to access the full summary of In re Electric Maint. & Constr. Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Lemus
Sep
17
2014
Ruling
Debtor not prohibited from filing chapter 13 case less than six months after prior chapter 11 case was closed.
Issue(s)
Could debtor file a chapter 13 case six months after substantial consummation and closing of prior chapter 11 case?
ABI Membership is required to access the full summary of In re Lemus Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Archway Homes Inc.
Oct
30
2013
Ruling
Debtor could not modify substantially consummated plan.
Issue(s)
Could debtor modify plan where it had made substantially all required transfers of real property and paid or dealt with all classes of claims included in the plan .
ABI Membership is required to access the full summary of In re Archway Homes Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Triumph Christian Ctr. Inc.
May
24
2013
Ruling
Debtor's second chapter 11 case filed after substantial consummation of first case and on eve of foreclosure dismissed for bad faith.
Procedural posture
After a bankruptcy debtor's plan of reorganization was substantially consummated, and shortly before a creditor's foreclosure sale of the debtor's property, the debtor filed a successive chapter 11 bankruptcy petition. The creditor moved to dismiss the second petition as an impermissible attempt in bad faith to modify the prior plan in violation of 11 U.S.C.S. § 1127(b).
ABI Membership is required to access the full summary of In re Triumph Christian Ctr. Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: