Santiago, In re
Mar
31
2022
Ruling
Transfer of real property that served as collateral to bank was an appropriate remedy forChapter 11 debtors' default on a stipulation regarding treatment of the collateral. (Bankr.D.P.R.)
Issue(s)
Effect of Confirmation; Claims and Interests of Creditors, Equity Security Holders and
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:
Judge or Jurisdiction information not available
Beyha, In re
Mar
04
2020
Ruling
Debtor's case reopened based on a colorable violation of the discharge injunction where thecreditor's lien was divested by debtor's plan. (Bankr. E.D. Pa.)
Issue(s)
Effect of Confirmation; Claims and Interests of Creditors, Equity Security Holders and
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Court
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City of Concord N.H. v. Northern New Eng. Tel. Operations LLC (In re N. New Eng. Tel. Operations LLC)
Aug
04
2015
Ruling
A lien is extinguished by a confirmed chapter 11 plan when its text does not preserve the lien, its terms deal with the lien and the lienholder participated in the bankruptcy case.
Issue(s)
What are the circumstances under which a chapter 11 plan of reorganization extinguishes a lien?
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Court
:
Judge or Jurisdiction information not available
In re Smith
Jul
10
2015
Ruling
Debtor not entitled to discharge where plan was not substantially consummated.
Issue(s)
Did chapter 13 plan confirmation discharge debt where debtor dismissed the case prior to completing payments?
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Court
:
Acceptance Loan Co. v. S. White Transp. Inc. (In re S. White Transp. Inc.)
Aug
05
2013
Ruling
Lien on debtor's principal asset survived confirmation.
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:
Judge or Jurisdiction information not available
Exide Techs. V. Enersys Del. Inc. (In re Exide Techs.)
Jan
08
2013
Ruling
"Default rule" did not override nondischargeability of claim based on agreement that could not be rejected.
Procedural posture
Debtor sought a declaratory judgment that: (i) defendant's rights under the "Agreement" were claims against debtor that were discharged by plan confirmation pursuant to 11 U.S.C.S. § 1141(d) and the plan, and (ii) debtor's mark was an asset of the estate that vested in the reorganized debtor free and clear of defendant's limited interest in using the mark pursuant to § 1141(c) and the plan. Defendant moved to dismiss the complaint.
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Court
:
In re Omega Optical Inc.
Jul
27
2012
Ruling
Creditor could not amend claim to be secured where confirmed plan treated claim as unsecured.
Procedural posture
Debtor corporation filed a petition under chapter 11 of the Bankruptcy Code and proposed a plan for reorganizing its business. A bank that filed an unsecured claim against the debtor's bankruptcy estate filed a motion to amend its claim, and the debtor opposed the motion and asked the court, pursuant to Fed. R. Bankr. P. 3022, to enter a final decree which closed its case.
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Court
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In re South White Transp. Inc.
Jun
07
2011
Ruling
Lien on debtor's sole asset did not survive plan confirmation.
Procedural posture
A creditor of chapter 11 debtor filed a motion to amend the plan confirmation order and for relief from the automatic stay.
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Court
:
JCB Inc. v. Union Planters Bank
Aug
26
2008
Ruling
Bank's seizure and sale of estate property in which manufacturer has a senior purchase money security interest was done with willful and reckless disregard for confirmation order.
Procedural posture
Appellee manufacturer sued appellant bank in the District Court for the Eastern District of Missouri for trespass and conversion. The district court referred certain issues to a bankruptcy court, which granted partial summary judgment for the manufacturer. A jury then reached a verdict in favor of the manufacturer for compensatory and punitive damages. The bank appealed.
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Court
:
Judge or Jurisdiction information not available
Airdigm Communs. Inc. v. FCC (In re Airdigm Communs. Inc.)
Mar
12
2008
Ruling
FCC properly treated as undersecured creditor with respect to interest in debtor's licenses in second chapter 11 case.
Procedural posture
Appellant chapter 11 debtor brought an adversary proceeding against appellee, the Federal Communications Commission (FCC), seeking to eliminate the FCC's interest in personal communications services (PCS) licenses. The bankruptcy court granted the FCC's summary judgment motion and approved a reorganization plan. The United States District Court for the Western District of Wisconsin affirmed. The debtor and the FCC appealed.
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Court
:
Judge or Jurisdiction information not available