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§ 1141(d)(1)(A)

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
Commercial opinion summary, case decided on October 14, 2008 , LexisNexis #1108-032
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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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opinion summary, case decided on February 13, 2007 , LexisNexis #0307-030
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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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opinion summary, case decided on March 30, 2006 , LexisNexis #0406-137
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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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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on March 06, 2006 , LexisNexis #0306-098
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