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§ 1141(a)

In re AVC Villa Del Lago at Ocotillo Devco LLC

Ruling
Creditors, plaintiffs in state court case against debtor, who had sufficient notice were bound by terms of confirmed plan.
Procedural posture

Two moving creditors filed a motion to alter or amend the order of confirmation entered, pursuant to 11 U.S.C.S. § 1121(c), in one of several companion cases, asserting that they should not be bound by the terms of the plan, which included the settlement and dismissal of litigation against the debtor.

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Commercial opinion summary, case decided on October 27, 2009 , LexisNexis #1209-024

In re Jedlink

Ruling
Creditors' state court actions were barred by plan confirmation but were not grounds for sanctions.
Procedural posture

After the debtors' plan of reorganization was confirmed, two creditors sought further relief in state court by filing petitions seeking a sale in error with regard to real estate taxes. The debtors filed a motion to bar and for sanctions, while the creditors filed a motion to strike and for sanctions.

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Consumer opinion summary, case decided on October 17, 2007 , LexisNexis #1207-035

In re Advantage Props.

Ruling
Second chapter 11 case filed after substantial consummation of first case was filed in bad faith absent substantial change in circumstances.
Procedural posture

The chapter 11 matter was before the court for an evidentiary hearing on creditor bank's motion to dismiss debtor's second bankruptcy case, and its alternative motion for stay relief, seeking authority to complete its foreclosure sale in a state court suit.

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opinion summary, case decided on March 14, 2007 , LexisNexis #0407-084