Search Opinion

Browning v. MCI Inc. (In re WorldCom Inc.)

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.
Ruling: 
Prepetition state law right of action for trespass was discharged by plan confirmation.
ABI Membership is required to access the full summary of Browning v. MCI Inc. (In re WorldCom Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 14,2008, LexisNexis #1108-032

Official Committee of Equity Sec. Holders v. Official Comm. of Unsecured Creditors (In re Adelphia Communs. Corp.)

Appellant, a committee of equity security holders, appealed from an order of the United States District Court for the Southern District of New York, which dismissed the equity committee's appeal from the confirmation order of the United States Bankruptcy Court for the Southern District of New York, approving a chapter 11 bankruptcy plan.
Ruling: 
Bankruptcy court properly withdrew equity security holders committee's derivative standing and approved plan.
ABI Membership is required to access the full summary of Official Committee of Equity Sec. Holders v. Official Comm. of Unsecured Creditors (In re Adelphia Communs. Corp.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 24,2008, LexisNexis #1008-066

Argo Fund Ltd. v. Board of Dirs. of Telecom Arg. S.A. (In re Board of Dirs. of Telecom Arg. S.A.)

Appellant creditor appealed from a decision by the United States District Court for the Southern District of New York, which affirmed an order of the bankruptcy court), granting a petition by appellee, the board of directors of debtor, a major Argentine telecommunications company, for recognition of an ancillary foreign insolvency proceeding under former 11 U.S.C.S. § 304.
Ruling: 
Recognition of ancillary foreign proceeding affirmed.
ABI Membership is required to access the full summary of Argo Fund Ltd. v. Board of Dirs. of Telecom Arg. S.A. (In re Board of Dirs. of Telecom Arg. S.A.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 29,2008, LexisNexis #0608-134