- 11 U.S.C.
In re Wilshire Courtyard
Aug
31
2010
Ruling
Taxing authority that did not timely object to confirmation ordered to cease and desist efforts to collect from debtor.
Procedural posture
A bankruptcy court issued an order requiring the California Franchise Tax Board (FTB) to show cause why it should not be held in contempt for collaterally attacking and refusing to comply with a plan confirmation order. The Chapter 11 debtor moved for summary judgment.
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Court
:
- 11 U.S.C.
Maxus Capital Group LLC v. Ulrich (In re Level Propane Gases Inc.)
Apr
02
2010
Ruling
Bankruptcy court properly refused to revoke confirmation order where allegations of fraud were insufficient.
Procedural posture
Appellant, a prepetition equipment lessor and creditor of debtors, challenged an order of the U.S. Bankruptcy Court for the Northern District of Ohio granting appellee Plan Administrator's motion to dismiss, Fed. R. Civ. P. 12(b)(6), for failing to state a claim for revocation of confirmation order under 11 U.S.C.S. § 1144. The creditor also appealed the finding its complaint was barred by the doctrines of finality, res judicata, and laches.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Wilhelm v. Ulrich (In re Level Propane Gases Inc.)
Apr
02
2010
Ruling
Lessor who settled claim did not have standing to appeal confirmation order.
Procedural posture
Appellant, a lessor of the debtors, sought review of an order of the United States Bankruptcy Court for the Northern District of Ohio, which granted appellee plan administrator's motion to dismiss under Fed. R. Civ. P. 12(b)(6) for failing to state a claim the lessor's complaint for revocation of a confirmation order under 11 U.S.C.S. § 1144.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Nancy Sue Davis Trust v. Davis Petroleum Corp.
Mar
02
2009
Ruling
Appeal of denial of motion to revoke plan confirmation dismissed as moot due to substantial consummation.
Procedural posture
Appellee debtors moved to dismiss the appeal filed by appellant trust on the ground that it was moot. The underlying judgment that was being challenged by appellant was a grant of summary judgment in favor of appellees on appellant's claim that appellee had procured confirmation of a chapter 11 reorganization plan by fraud and that appellant was entitled to an order revoking confirmation per 11 U.S.C.S. § 1144.
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:
- 11 U.S.C.
Olsen v. 419 Apt. Corp.
Sep
19
2008
Ruling
Bankruptcy court did not err in denying motions to vacate settlement and reconsideration of same.
Procedural posture
Appellant challenged two decisions of the United States Bankruptcy Court for the Southern District of New York. The first decision denied denying appellant's motion to vacate a settlement agreement between appellee apartment corporation, appellant, and appellant's wife (the debtor) on the basis of fraud, and the second decision denied appellant's motion for reconsideration of that decision.
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:
- 11 U.S.C.
Varde Inv. Partners LP v. Comair Inc. (In re Delta Air Lines Inc.)
Apr
30
2008
Ruling
Belated attempt by five creditors to revoke plan that was nearly unanimously approved dismissed due to lack of standing or factual support.
Procedural posture
Pending was the reorganized defendant debtors' motion under Fed. R. Bankr. P. 7012 and Fed. R. Civ. P. 12(b) to dismiss the Amended Complaint. Plaintiff claimants alleged they held $ 125,000,000 in claims against one or more of the debtors. The Amended Complaint (AC) asserted a single claim under 11 U.S.C.S. § 1144 to revoke debtors' confirmed Plan of Reorganization based upon debtors' alleged fraud in procurement of the confirmation order.
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- 11 U.S.C.
In re Schwartz
Jul
31
2006
Ruling
Creditor's post-confirmation motion for sale of debtor's interest in property denied due to failure to file adversary proceeding.
Procedural posture
Creditor filed a motion for an order requiring the sale of the husband debtor's interest in certain real property. The creditor alleged that this property was not disclosed in the bankruptcy and argued that the proceeds of such sale should be paid to the unsecured creditors.
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- 11 U.S.C.
Westchester Surplus Lines Ins. Co. v. Surfside Resort & Suites Inc. (In re Surfside Resort & Suites Inc.)
Jun
08
2006
Ruling
Debtor's failure to notify insurer of bankruptcy was not grounds for revocation where insurer's obligations were not affected by filing.
Procedural posture
Plaintiff, a bankruptcy debtor's property insurer, brought an adversary proceeding against defendants, the debtor and the purchaser of the debtor's hotel under its confirmed plan, seeking to revoke the plan under 11 U.S.C. § 1144 on the ground that defendants conspired to deprive the insurer of notice of the debtor's bankruptcy. Defendants moved to dismiss the complaint and the insurer moved for summary judgment.
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- 11 U.S.C.
Salsberg v. Trico Marine Services (In re Trico Marine Servs.)
May
05
2006
Ruling
Court dismissed complaint seeking revocation of confirmed plan since a revocation order could not restore the status quo existing before confirmation.
Procedural posture
Plaintiffs brought an adversary proceeding to revoke a confirmation order. The court granted the motion for summary judgment made by defendant reorganized debtors on the ground that the revocation order could not protect innocent third parties, and would cause substantial uncertainty. Plaintiffs supplemented the record, which was treated as a motion for reargument. Plaintiffs also moved to supplement the record a second time.
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:
- 11 U.S.C.
Haskell v. Goldman Sachs & Co. (In re Genesis Health Ventures Inc.)
Mar
29
2006
Ruling
Court affirmed finding that fraud claims against debtor were time barred but remanded the case for determination of whether section 1144 applied to claims against other creditors.
Procedural posture
Plaintiff former debenture holders appealed the decision of the bankruptcy court, which granted a motion to dismiss their complaint alleging that defendants, a debtor and its creditors, committed fraud or made grossly negligent misrepresentations regarding the debtor's value during the period leading up to the confirmation of its bankruptcy reorganization plan.
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