Topic: Plan Confirmation

Grossman v. The Belridge Group (In re Lothian Oil, Inc.)

Summarized by Omid Moezzi, Nancy Curry Chapter 13 Trustee 3 days 23 hours ago

5th Circuit, 11 U.S.C. § 105, Fraud, Plan Confirmation, Venue/Jurisdiction, Fraudulent Transfers, Bankruptcy Litigation

Citation:

5th Cir. Court of Appeal - Case No 1151073 (May 8, 2013)

Ruling:

AFFIRMED in part and reverse in part the district court's decision. Further, a remand with instruction to clarify whether an isolated claim in the earlier state-court action can proceed. Additionally, the court found that the bankruptcy court did not err ...

Judge(s):

King, Higginbotham, and Clement.

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Branigan v. Davis (In re Davis)

Summarized by Ann Brogan, Crowley, Liberatore, Ryan & Brogan, P.C. 1 week 8 hours ago

4th Circuit, 11 U.S.C. § 348, 11 U.S.C. § 349, 11 U.S.C. § 502, 11 U.S.C. § 506, 11 U.S.C. § 524, 11 U.S.C. § 1322, 11 U.S.C. § 1325, Claims, Mortgage, Valuation, Plan Confirmation, Consumer Bankruptcy

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Citation:

Branigan v. Davis (In re Davis) Case No. 12-1184 (4th Cir. May 10, 2013)

Ruling:

In two “Chapter 20” cases, the Fourth Circuit affirmed confirmation orders stripping off valueless junior liens against debtors’ property. In a 2-1 ruling, the Court rejected the argument of the Chapter 13 bankruptcy trustee that the Bankruptcy Abuse Prevention ...

Judge(s):

Before Circuit Judges Paul V. Niemeyer, Barbara Milano Keenan, and Andre M. Diaz. Judge Diaz wrote the majority opinion, in which Judge Niemeyer joined. Judge Keenan wrote a dissenting opinion.

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Cawley v. Celeste (In re Athens/Alpha Gas Corp.)

Summarized by Alexander Nicas, LL.M. in Bankruptcy Candidate, St. John's University School of Law 1 week 1 day ago

8th Circuit, 11 U.S.C. § 544, 11 U.S.C. § 1141, Claims, Plan Confirmation, Bankruptcy Litigation, Business Reorganization

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Citation:

Cawley v. Celeste (In re Athens/Alpha Gas Corp.), No. 12-1555 (8th Cir. May 9, 2013)

Ruling:

Because the judgment of the Supreme Court of North Dakota, holding that the appellant's claims were barred, satisfied the elements of North Dakota's res judicata doctrine, the full faith and credit statute (28 U.S.C. § 1738) required the Eight Circuit ...

Judge(s):

RILEY, COLLOTON, GRUENDER. Opinion by COLLOTON.

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In re Rodriguez

Summarized by Thomas Horan, Womble Carlyle Sandridge & Rice, LLP 3 weeks 3 days ago

3rd Circuit, Claims, Mortgage, Real Estate, Plan Confirmation, Finance and Banking

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Citation:

In re Rodriguez, No. 12-2146 (3d Cir. April 22, 2013) (not precedential)

Ruling:

Because a chapter 13 plan confirmation order may be revoked only if such order was procured by fraud, the absence of such fraud prevents the court from reconsidering the plan confirmation order under Rule 60(b) of the Federal Rules of ...

Judge(s):

Jordan, Aldisert, and Nygaard, Circuit Judges.

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Wooley v. Haynes & Boone, L.L.P. (In re SI Restructuring Inc.)

Summarized by John Jones, JRJONESLAW PLLC 4 weeks 8 hours ago

5th Circuit, 11 U.S.C. § 541, 11 U.S.C. § 1103, 11 U.S.C. § 1109, 11 U.S.C. § 1123, Claims, Plan Confirmation, Practice and Procedure, Business Reorganization

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Citation:

Case No. 11-51106 (5th Cir. April 18, 2013)

Ruling:

AFFIRMED bankruptcy's court's denial of a creditor's motion to pursue post-confirmation causes of action on behalf of reorganized Debtor due to a lack of standing to sue and rejected blanket reservation in plan of "any and all claims" because the ...

Judge(s):

Wiener, Clement, and Prado, Circuit Judges

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Carrion v. Rivera (In re Rivera)

Summarized by David Baker, Law Office of David G. Baker 5 weeks 22 hours ago

1st Circuit, 11 U.S.C. § 1322, 11 U.S.C. § 1325, Consumer Debt, Plan Confirmation, Consumer Bankruptcy

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Citation:

2013 WL 1406209

Ruling:

The BAP affirmed the bankruptcy court's decision to confirm the debtor's chapter 13 plan.

Judge(s):

Haines, Feeney (author) and Hoffman.

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The Village at Lakeridge, LLC v. U.S. Bank National Association (In re The Village at Lakeridge, LLC)

Summarized by Joel Newell, Lane & Nach, P.C. 5 weeks 4 days ago

9th Circuit, 11 U.S.C. § 101, 11 U.S.C. § 1126, 11 U.S.C. § 1129, Federal Rule 7026, Federal Rule 7030, Federal Rule 9014, Plan Confirmation, Bankruptcy Litigation, Business Reorganization, Professional Practice Areas, Bankruptcy Process and Procedure

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Citation:

BAP Nos. NV-12-1456-PaKiTa and NV-12-1474-PaKiTa (Cross-appeals)

Ruling:

In an unpublished opinion, the Ninth Circuit BAP held (1) the Bankruptcy Court’s determination that Rabkin is not a non-statutory insider is AFFIRMED. The Panel based its ruling by weighing the closeness of the relationship between Rabkin and Bartlett ...

Judge(s):

Hon. Jim D. Pappas; Hon. Ralph B. Kirscher; and Hon. Laura S. Taylor

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In re Creekside Senior Apartments, L.P.

Summarized by Brian Meldrum, Stites & Harbison PLLC 7 weeks 5 days ago

6th Circuit, 11 U.S.C. § 362, 11 U.S.C. § 1112, Claims, Real Estate, Automatic Stay, Plan Confirmation

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Citation:

No. 13b0001p.06, 2013 FED App.0001P (B.A.P. 6th Cir. Mar 15 2013)

Ruling:

Bankruptcy Court did not abuse its discretion in dismissing Chapter 11 cases for "cause" pursuant to Section 1112(b) where it projected negative net cash flow through 2020, ceased making adequate protection payments, and where it was unable to confirm plan ...

Judge(s):

Harris, Humphrey, Preston

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Wells Fargo Bank National Association v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.)

Summarized by Eric Lockridge, Kean Miller LLP 10 weeks 5 hours ago

5th Circuit, Real Estate, Plan Confirmation, Finance and Banking, Bankruptcy Litigation, Business Reorganization

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Citation:

Wells Fargo Bank, NA v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.), Case No. 11-11109 (5th Cir. Mar. 1, 2013)

Ruling:

Affirmed confirmation of Chapter 11 cramdown plan and the Debtors' Till-based prime-plus formula for cramdown interest rate over secured lender's objection that a market-based adjustment to prime should be used. The Court also rejected the Debtors' equitable-mootness argument and ...

Judge(s):

Higginbotham, Elrod, Haynes

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Western Real Estate Equities, L.L.C. v. Village at Camp Bowie I, L.P. (In re Village at Camp Bowie I, L.P.)

Summarized by Michael Cooley, Akin Gump Strauss Hauer & Feld LLP 11 weeks 3 days ago

5th Circuit, 11 U.S.C. § 1123, 11 U.S.C. § 1124, 11 U.S.C. § 1129, Claims, Real Estate, Plan Confirmation

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Citation:

No. 12-10271 (5th Cir. February 26, 2013).

Ruling:

Joining with the Ninth Circuit’s conclusion in Matter of L&J Anaheim Associates, 995 F.2d 940 (9th Cir. 1993), the Fifth Circuit held that the Bankruptcy Code does not distinguish between discretionary (i.e., “artificial”) and economically driven impairment, and therefore a ...

Judge(s):

Higginbotham, Clement, and Haynes.

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Topic: Plan Confirmation

Grossman v. The Belridge Group (In re Lothian Oil, Inc.)

Branigan v. Davis (In re Davis)

Cawley v. Celeste (In re Athens/Alpha Gas Corp.)

In re Rodriguez

Wooley v. Haynes & Boone, L.L.P. (In re SI Restructuring Inc.)

Carrion v. Rivera (In re Rivera)

The Village at Lakeridge, LLC v. U.S. Bank National Association (In re The Village at Lakeridge, LLC)

In re Creekside Senior Apartments, L.P.

Wells Fargo Bank National Association v. Texas Grand Prairie Hotel Realty, L.L.C. (In re Texas Grand Prairie Hotel Realty, L.L.C.)

Western Real Estate Equities, L.L.C. v. Village at Camp Bowie I, L.P. (In re Village at Camp Bowie I, L.P.)

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