In re 800 Bourbon St. LLC
Nov
20
2015
Ruling
Debtors could not change proposed allocation of proceeds of sale once plan had been confirmed.
Issue(s)
Could debtor propose a different allocation of proceeds of sale of estate property after confirmation than the allocation proposed in original disclosure statements?
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Court
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In re Wetdog LLC
Aug
14
2015
Ruling
Creditor's claim for default rate of interest for period between petition date and confirmation was barred by the confirmation order.
Issue(s)
Whether creditor, on motion filed over four months after plan confirmation, may increase the amount of its secured claim to compensate it for additional gap period interest and reasonable fees, costs, and charges?
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Court
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Bank of Commerce & Trust Co. v. Schupbach (In re Schupbach)
May
19
2015
Ruling
Creditor's claim that debt was nondischargeable was mooted by confirmation of plan in individual chapter 11 case.
Issue(s)
Was bank's claim for nondischargeable debt moot given confirmation of individual debtor's chapter 11 plan?
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Court
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Judge or Jurisdiction information not available
In re LandAmerica Fin. Group Inc.
Jul
15
2013
Ruling
Protocol for determining allowance or disallowance of subsidiary damages claim approved as consistent with confirmed plan.
Procedural posture
Debtors, a corporation and its subsidiary, filed voluntary petitions for relief under chapter 11 of Title 11 of the United States Code. The court entered an order confirming the joint chapter 11 plan of the debtors. The liquidation trustee of the subsidiary filed a motion to approve a protocol for determining allowance or disallowance of subsidiary damages claims and granting related relief. Multiple objections were filed.
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Court
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In re Landamerica Fin. Group Inc.
Apr
30
2013
Ruling
Creditor's action against trustee for conflict of interest enjoined as violating confirmed plan and filed without leave of bankruptcy court.
Procedural posture
Movant, the trustee of debtors' liquidation trust sought entry of an order enforcing the injunction set forth in affiliated debtors' joint chapter 11 plan, in accordance with 11 U.S.C.S. §§ 1141(a), 1142(b), and 105(a), and Fed. R. Bankr. P. 9014 and 9020, against respondent creditor, which argued that the instant court lacked jurisdiction to decide the issue.
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Court
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In re MC2 Capital Partners LLC
Mar
25
2013
Ruling
Late claim filed post-confirmation disallowed.
Procedural posture
The court appointed receiver for a creditor moved that his late claim on behalf of the creditor be allowed. Debtor and the Official Creditors' Committee opposed the motion.
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Court
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In re MMP 10180 LLC
Jun
11
2012
Ruling
Creditor's motion for clarification of plan denied as not raised prior to confirmation.
Procedural posture
Two creditors with claims against one or more of three chapter 11 debtors, being two individuals and an LLC that was a restaurant owned and operated by the individuals, asked the court to address, interpret and clarify a joint plan of reorganization that debtors had proposed and that the court had previously confirmed in an order that was not appealed and thus was final.
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Court
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In re Golf Club at Bridgewater LLC
May
21
2012
Ruling
Debtor ordered to comply with plan providing for auction preserving bank's credit bid rights.
Procedural posture
Debtor L.L.C. filed a petition under chapter 11 of the Bankruptcy Code, and the court confirmed a bankruptcy plan the debtor proposed which allowed it to market a golf course it owned for a period of 15 months but required it to sell the golf course at a sealed bid auction if the course was not sold within 15 months. A bank filed a motion to compel the debtor to comply with the terms of its plan.
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Court
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In re Accuride Corp.
Nov
17
2010
Ruling
Debtor who complied with plan obligations not obligated to make additional distributions due to defective subscription submissions by creditor rights offering participant.
Procedural posture
Movant, a rights offering participant, brought a motion to enforce debtor's third amended joint plan of reorganization (the Plan) for the purpose of ordering debtor to make an additional distribution to said participant. Debtor opposed the motion.
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Court
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Bank. Meridian v. Ultra Holdings LLC (In re Earth Structures Inc.)
Oct
27
2010
Ruling
Confirmation did not bar creditor bank's motion for summary judgment in action against debtor and guarantor.
Procedural posture
Plaintiff bank filed an action in the Spartanburg County Court of Common Pleas (South Carolina), alleging that defendants, a corporation, two individuals who had ownership interests in the corporation, and others, owed the bank money. The case was removed to the bankruptcy court after the corporation declared Chapter 11 bankruptcy, and the bankruptcy court retained jurisdiction over some of the bank's claims.
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Court
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