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Topic: Plan Confirmation

EPR Marine Welding Construction Services, Inc. v. Naval Services of Puerto Rico, Inc.

Citation: 
EPR Marine Welding Construction Services, Inc. v. Naval Services of Puerto Rico, Inc., BAP No. PR 13-055 (1st Cir. B.A.P. July 31, 2014
Ruling: 
The Bankruptcy Appellate Panel for the First Circuit (the “B.A.P.”) reversed the Bankruptcy Court’s dismissal of the Chapter 11 case of debtor, EPR Marine Welding Construction Services, Inc. (“EPR”) and remanded the matter back to the Bankruptcy Court. The Bankruptcy ...
Judge(s): 
Hillman, Hoffman, Finkle
Read on...

In re Cain

Citation: 
14 FED App.0005P (6th Cir.) (BAP)
Ruling: 
A Chapter 13 debtor who is ineligible for a discharge due to a prior Chapter 7 discharge, may strip a wholly unsecured junior lien on real property through the Chapter 13 plan.
Judge(s): 
Judges Harrison, Humphrey, Preston. Opinion by J. Harrison.
Read on...

Viegelahn v. Harris, III (In the Matter of Harris, III)

Citation: 
Case No. 13-50374 (5th Cir. July 7, 2014)
Ruling: 
REVERSED district court's holding that payments in possession of Chapter 13 trustee at time of case conversion from Chapter 13 to Chapter 7 be returned to debtor and remanded case back to district court. Acknowledging the split in the courts ...
Judge(s): 
Benavides, Clement and Graves, Circuit Judges.
Read on...

National Heritage Foundation, Inc. v. Highbourne Foundation

Citation: 
No. 13-1608 (4th Cir. June 27, 2014)
Ruling: 
The Circuit Court affirmed the bankruptcy court's ruling that the non-debtor release provision in the debtor's Chapter 11 reorganization plan was unenforceable.
Judge(s): 
Circuit Court, Diaz (author), Wilkinson and Agee
Bankr. E.D.V.A., Trenga
Read on...

In re Costal Broadcasting Systems, Inc

Citation: 
Slip Op., Docket No. 13-3354 (3rd Cir., June 23, 2014)
Ruling: 
Third Circuit affirmed district court and bankruptcy court on decisions confirming plan of reorganization.
Judge(s): 
Ambro, Greenberg and Barry
Read on...

Ice House America, LLC v. Charles Cardin

Citation: 
2014 U.S. App. LEXIS 8882, 2014 FED App. 0099P (6th Cir.), 6th Circuit Appellate Case No. 13-5764, on appeal from the United States District Court for the Eastern District of Tennessee at Case No. 2:12-cv-00463
Ruling: 
The United States Court of Appeals for the Sixth Circuit held that the “absolute-priority rule” applies to individual Chapter 11 debtors; therefore, objecting impaired unsecured creditors must be paid in full before an individual debtor can retain any pre-petition property ...
Judge(s): 
Richard Fred Suhrheinrich
Eugene Edward Siler, Jr.
Raymond Kethledge
Read on...

Bullard v. Hyde Park Savings Bank (In re Bullard)

Citation: 
U.S.C.A., 1st Cir., No. 13-9009
Ruling: 
An intermediate appellate court's affirmance of a bankruptcy court's denial of confirmation of a reorganization plan is not a final order appealable under § 158(d)(1) so long as the debtor remains free to propose an amended plan.
Judge(s): 
Thompson, Stahl and Kayatta
Read on...

Muth v. Muth (In re Muth)

Citation: 
Muth v. Muth (In re Muth) 10 Cir. B.A.P., CO-13-055 (May 1, 2014) [Not for Publication]
Ruling: 
In an unpublished opinion, the 10th Circuit Bankruptcy Appellate Panel Affirmed the ruling by the Bankruptcy Court that dismissed the debtor's chapter 11 case and the award of attorney's fees to debtor's former spouse. The case was dismissed for cause ...
Judge(s): 
THURMAN, Chief Judge, CORNISH, and MICHAEL, Bankruptcy Judges.
Read on...

SW Boston Hotel Venture, LLC v. The Prudential Ins Co (Nos. 12-9008, 12-9009, 12-9011 and 12-9012)

Citation: 
U.S. Court of Appeals, First Circuit ("First Circuit") Case Nos. 12-9008, 12-9009
Ruling: 
First Circuit affirmed ruling of Bankruptcy Appellate Panel for the First Circuit (the "BAP") that appeals from orders of U.S. Bankruptcy Court, District of Massachusetts (J. Feeney)("Bankruptcy Court") were not equitably moot despite substantial consummation of confirmed plan. First ...
Judge(s): 
J. Lynch, J. Stahl, J. Howard
Read on...

Adelphia Recovery Trust v. Goldman

Citation: 
No. 11-1858, Slip Op. (2d Cir. Apr. 4, 2014)
Ruling: 
Post-confirmation trust was judicially estopped from claiming that funds transferred to a cash management system were property of the debtors because the schedules and other documents filed by the debtors in bankruptcy court treated the cash management system as property ...
Judge(s): 
Winter, Walker, Cabranes
Read on...
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