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In re Welsh

Ruling: 
Preconfirmation modifications to chapter 13 plan could not be approved due to failure to notify creditors.
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Consumer case opionion summary, case decided on October 21,2015, LexisNexis #1215-032

In re University Gen. Hosp. Sys.

Ruling: 
Debtors or designated contractor could send required notices instead of bankruptcy clerk.
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Commercial case opionion summary, case decided on March 27,2015, LexisNexis #0415-105

In re Pacific Cargo Servs. LLC

Ruling: 
Creditor's motion to vacate sale order denied given sufficient notice.
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Commercial case opionion summary, case decided on September 18,2013, LexisNexis #1013-066

In re Love

Ruling: 
Debtor ordered to properly serve application for settlement of personal injury cases on unsecured creditors prior to court issuing ruling.
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Consumer case opionion summary, case decided on August 30,2013, LexisNexis #1013-067

In re BGI Inc.

Movant gift card holders filed a motion seeking an order which authorized them to file untimely proofs of claim against a bookstore's chapter 11 bankruptcy estate, based on amounts that remained on consumer gift cards they held, and a motion seeking class certification on behalf of all holders of the bookstore's gift cards. A creditors' liquidating trust, as successor to the bookstore, and the trustee of the liquidating trust filed an objection.
Ruling: 
Gift card holders could not file late postconfirmation proofs of claim.
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Commercial case opionion summary, case decided on August 14,2012, LexisNexis #0912-033

In re Franklin

The court considered whether it could confirm the amended plan of the chapter 13 debtor, where the plan was modified such that creditors received less than 28 days notice of the amended plan before the hearing, under Fed. R. Bankr. P. 2002(b).
Ruling: 
Confirmation denied due to debtor's failure to give adequate notice of modified plan to creditors.
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Consumer case opionion summary, case decided on October 31,2011, LexisNexis #1211-139

In re Green River Biodiesel Inc.

An unsecured creditor sought leave to file its claims after the bar date, asserting that it failed to receive notice of the bar date under Fed. R. Bankr. P. 2002(a)(8). Respondent, the debtor, objected to the motion.
Ruling: 
Creditor with actual notice of bankruptcy was allowed to file late proof of claim where notice of bar date was not sent to address in schedules.
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Commercial case opionion summary, case decided on September 24,2010, LexisNexis #1110-104

In re Xechem Intl Inc.

In a debtor's chapter 11 bankruptcy case, the debtor and the committee of unsecured creditors objected to a creditor's claim. The creditor moved to deem his claim timely filed and to amend his claim.
Ruling: 
Creditor given leave to file late amendment to late proof of claim, but not to add personal property claim.
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Commercial case opionion summary, case decided on February 26,2010, LexisNexis #0410-099

In re Berwick Black Cattle Co.

Bankruptcy debtors proposed a chapter 11 reorganization plan which provided for releases of claims by third parties against, among others, the primary creditors of the debtors which were financing the debtors' reorganization. The debtors sought confirmation of the plan, and no party in interest objected to the releases.
Ruling: 
Plan confirmation denied despite lack of objection due to inappropriate blanket third-party releases.
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Commercial case opionion summary, case decided on September 23,2008, LexisNexis #1208-028

Robilio v. Stevenson (In re Robilio)

Appellee trustee filed a motion to dismiss a case which appellant debtor filed under chapter 13 for failure to comply with the terms of a repayment plan. The Bankruptcy Court for the Western District of Tennessee dismissed the debtor's case and denied in part the debtor's motion to impose the automatic stay pending appeal. The debtor appealed.
Ruling: 
Dismissal for nonpayment upheld as chapter 13 debtor was provided with proper notice and hearing.
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