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Topic: Plan Confirmation

Iberiabank v. Geisen (In re FFS Data, Inc.)

Citation: 
Case No. 14-11473 (11th Cir. Jan. 23, 2015)
Ruling: 
A general release provision in a confirmed chapter 11 plan which explicitly identified the 100% stockholder of the Debtor by name applied to the lender's state court claim on the stockholder's guaranty (and not solely in the stockholder's capacity as ...
Judge(s): 
Tjoflat, Pryor and Cox
Read on...

Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC)

Citation: 
Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC) 9th Cir. B.A.P., BAP Nos. AZ-13-1471-KiDJu, AZ-13-1555-KiDJu, (January 5, 2015) [NOT FOR PUBLICATION]
Ruling: 
The 9th Circuit Bankruptcy Appellate Panel in an unpublished opinion vacated an order by the bankruptcy court authorizing a postpetition financing loan from creditor AgStar Financial Services, to the Debtor. The Bankruptcy Appellate Panel affirmed the second order appealed by ...
Judge(s): 
KIRSCHER, DUNN and JURY, Bankruptcy Judges
Read on...

Starion Financial v. McCormick (In re McCormick)

Citation: 
Starion Financial v. McCormick (In re McCormick), 8th Cir. B.A.P (No. 14-6008), December 24, 2014
Ruling: 
The 8th Circuit Bankruptcy Appellate Panel reversed the bankruptcy court’s order denying Starion Financial's Motion to Compel Payment of Fees Under the Confirmed Plan of Reorganization and granting the Debtors’ Motion to Disallow Attorneys’ Fees and Costs. The ...
Judge(s): 
FEDERMAN, Chief Judge, SALADINO and SHODEEN, Bankruptcy Judges. Opinion authored by Judge Shodeen.
Read on...

Sullivan v. Harnisch (In re Sullivan)

Citation: 
Sullivan v. Harnisch (In re Sullivan), 9th Cir. B.A.P. (BAP No. CC-14-1225-TaDKi) December 9, 2014 [UNPUBLISHED OPINION]
Ruling: 
In an unpublished opinion, the 9th circuit bankruptcy appellate panel reversed the ruling and order of the bankruptcy court to dismiss the appellants' chapter 11 bankruptcy case because the appellant filed the bankruptcy petition in bad faith. The appellate ...
Judge(s): 
TAYLOR, DUNN, and KIRSCHER, Bankruptcy Judges.
Read on...

Rose Hill Bank v. Lazzo (In re Schupbach Investments, LLC)

Citation: 
No. KS-13-077 (10th Cir. B.A.P. Nov. 25, 2014)
Ruling: 
In accordance with Tenth Circuit precedent, a chapter 11 debtor’s untimely application to employ counsel pursuant to § 327 may only be granted retroactively to the petition date upon a showing of “extraordinary circumstances;” mere inadvertence or neglect in making ...
Judge(s): 
Michael, Romero, and Jacobvitz.
Read on...

Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.)

Citation: 
Pineda Grantor Trust v. Dunlap Oil Co. (In re Dunlap Oil Co.) 9th Cir. B.A.P, BAP No. AZ-14-1172-JuKiD, (December 5, 2014) [Not for Publication]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s order confirming the second amended joint plan (SAJP) filed by chapter 11 debtors, Dunlap Oil Company, Inc. (DOC) and Quail Hollow Inn, LLC (QHI). The appellate ...
Judge(s): 
JURY, KIRSCHER, and DUNN, Bankruptcy Judges.
Read on...

Jalonowski v. Jean (In re Jean)

Citation: 
Jalonowski v. Jean (In re Jean), 9th Cir. B.A.P., BAP No. NC-14-1198-KuPaJu (November 21, 2014) [Unpublished]
Ruling: 
In an unpublished opinion, the 9th Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s orders confirming the debtors chapter 13 plan and denying the appellants dismissal motion and objection to confirmation of debtor's plan. The appellants argued that debtors petition ...
Judge(s): 
KURTZ, PAPPAS and JURY, Bankruptcy Judges
Read on...

Beeman v. BGI (In re BGI)

Citation: 
Nos. 13-2226, 13-2288, 13-2300
Ruling: 
As an issue of first impression, the Second Circuit held that the equitable mootness analysis set out in Chateaugay II applies to Chapter 11 liquidations. As with a reorganization, substantial consummation of a liquidating plan gives rise to a ...
Judge(s): 
Kearse, Straub, and Carney
Read on...

Intertek USA, Inc. v. Caribbean Petroleum Corp. (In re Caribbean Petroleum Corp.)

Citation: 
TGse No. 13-4415 (3d Cir. Sept. 18, 2014) (Not Precedential)
Ruling: 
The district court's determination that the bankruptcy court orders in question unambiguously provide for pro rata distribution to all holders of general unsecured claims, including tort claims is affirmed.
Judge(s): 
Rendell, Greenaway, Jr., and Krause (author)
Read on...

Rivera v. Curry (In re Rivera)

Citation: 
No. 14-1035 (9th Cir. BAP, Sept. 29, 2014)
Ruling: 
Dismissed the appeal, as Debtor-Appellant should have sought relief from the bankruptcy court by filing a Civil Rule 60(b) motion.
Judge(s): 
Kurtz, Davis, and Kirscher.
Read on...
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