- 11 U.S.C.
In re Taylor
Jul
20
2015
Ruling
Bankruptcy court erred in issuing contempt order where no violation of the discharge injunction had occurred.
Issue(s)
Whether the bankruptcy court erred in entering a civil contempt order for creditor's alleged violation of the discharge injunction?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re National Heritage Found. Inc.
Jun
21
2013
Ruling
Creditor and attorney held in contempt for filing postconfirmation civil lawsuit to collect discharged debts.
Procedural posture
Chapter 11 debtor filed a motion for contempt and sanctions against respondents, creditors and their counsel, based on respondents' filing of a class action suit against the debtor and its officers and directors.
Issue(s)
Whether creditors and their attorneys should be held in contempt because they filed a civil action against a corporate debtor and its officers and directors after the court entered an order in the debtor's chapter 11 bankruptcy case which confirmed the debtor's plan.
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Court
:
- 11 U.S.C.
Capco Energy Inc. v. McMoRan Oil & Gas LLC (In re Capco Energy)
Jan
04
2011
Ruling
Creditor entitled to summary judgment against debtors, though not estate, for gas balancing despite failure to file timely proof of claim.
Procedural posture
Debtors brought an adversary proceeding against defendant creditor. Each had owned working interests in mineral production of a well. The creditor filed a crossclaim against the purchaser of the debtors' working interest, asserting it was liable for approximately $336,683.57 of gas imbalance from sales of production. Those parties submitted cross motions for summary judgment.
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Court
:
- 11 U.S.C.
In re UAL Corp.
Oct
29
2008
Ruling
Bankruptcy court erred in holding that terminated employee's postpetition, preconfirmation cause of action for discrimination was not barred by discharge.
Procedural posture
The matter was before the court upon the cross-appeals of debtor and a terminated employee of the decision of the U.S. Bankruptcy Court for the Northern District of Illinois denying debtor's motion to hold the terminated employee and his counsel in contempt for suing debtor for employment discrimination in a California state court after confirmation of debtor's plan of reorganization was confirmed.
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Court
:
- 11 U.S.C.
Humphrey-Baker v. United Airlines Inc.
Oct
21
2008
Ruling
Employment discrimination action barred to extent predating debtor employer's plan confirmation.
Procedural posture
Defendant, a former employer of plaintiff employee, filed a motion for summary judgment in the employee's action, which alleged that the employer violated California's Fair Employment and Housing Act (FEHA), Cal. Gov't Code § 12940, by discriminating against her based on her physical disability and by failing to offer reasonable accommodations.
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Court
:
- 11 U.S.C.
Browning v. MCI Inc. (In re WorldCom Inc.)
Oct
14
2008
Ruling
Prepetition state law right of action for trespass was discharged by plan confirmation.
Procedural posture
Appellant landowner challenged an order of the District Court for the Southern District of New York affirming an order of the Bankruptcy Court for the Southern District of New York granting the reorganized debtor-appellee corporation's motion to bar the landowner from prosecuting Kansas state law claims for trespass and unjust enrichment against the corporation following its emergence from a Chapter 11 proceeding.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Northwestern Mutual Life Ins. Co. v. Delta Air Lines Inc. (In re Delta Air Lines Inc.)
Sep
29
2008
Ruling
Bankruptcy court properly upheld debtor's objections to claims for payment under tax indemnification agreements where plan provision for payment with stock of reorganized debtor was forseeable.
Procedural posture
Appellee debtor, an airline, filed a petition under chapter 11 of the Bankruptcy Code, and appellant claimants filed claims seeking payment of approximately $ 1 billion based on tax indemnification agreements (TIAs) the debtor and the claimants entered. The Bankruptcy Court for the Southern District of New York upheld the debtor's objections to the claims, and the parties filed cross-appeals.
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Court
:
- 11 U.S.C.
West v. WorldCom Inc.
Feb
13
2007
Ruling
Action against debtor for continuing trespass related to maintenance of fiber optic cable was not discharged in bankruptcy.
Procedural posture
Petitioner property owner filed an action alleging trespass, slander of title, and unjust enrichment based on the installation of fiber optic cable within railroad rights of way. Respondent debtor filed for bankruptcy. The debtor sought a declaratory judgment that a discharge precluded the owner's action. The bankruptcy court granted the debtor's motion for summary judgment. The owner appealed.
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Court
:
- 11 U.S.C.
In re Worldcom Inc.
Mar
30
2006
Ruling
Court affirmed ruling that causes of action arose prepetition and, thus, were discharged by confirmation of chapter 11 plan.
Procedural posture
Appellants appealed from an order of the bankruptcy court, which granted appellee debtor's motion to bar the prosecution of certain property-related claims initiated by appellants. The bankruptcy court ruled that any valid claims possessed by appellants were prepetition in nature and therefore had been discharged by the confirmation of debtor's plan of reorganization.
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Court
:
- 11 U.S.C.
Intl Paper Co. v. MCI Worldcom Network Serv.
Mar
06
2006
Ruling
Confirmation of the reorganization plan discharged the prepetition trespass claim, and the court did not recognize a further postpetition claim of trespass.
Procedural posture
Plaintiff paper company sued defendant communications company, alleging state law claims of trespass, slander of title, and unjust enrichment. The District Court for the Western District of Arkansas granted summary in favor of the communications company. The paper company appealed. Presently before the court was the communications company's motion to dismiss the appeal.
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