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Topic: Plan Confirmation

Bank of Commerce & Trust Co. v. Schupbach

Citation: 
Bank of Commerce & Trust Co. v. Schupbach, et al. (In re Schupbach), Case No. 13-068 (10th Cir. May 19, 2015). Unpublished.
Ruling: 
Creditor’s appeal of dismissal of non-dischargeability claims are rendered constitutionally moot when reorganization plan treats creditor’s claim as satisfied in full and creditor does not object.
Judge(s): 
Briscoe, McKay, Phillips (McKay)
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In re Tribune Media Company

Citation: 
In re Tribune Media Company, Case Nos. 14-3332 and 14-3333 (3d Cir. August 19, 2015)
Ruling: 
The Court determined that Aurelius’s appeal, which would undo a crucial component of the plan, the settlement of LBO related causes of action that were the economic underpinning of the plan upon which creditors had relied, was equitably moot. The ...
Judge(s): 
AMBRO, VANASKIE, and SHWARTZ, Circuit Judges
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Heritage Bank v. Woodward (In re Woodward)

Citation: 
Heritage Bank v. Woodward (In re Woodward), Case No 15-6001 (8th Cir. B.A.P. August 13, 2015)
Ruling: 
Creditor whose claim was allowed after litigation of an objection was an allowed claim for purposes of voting and plan confirmation and creditor could not argue that creditor was not a "creditor" for the purposes of voting on the debtor's ...
Judge(s): 
Federman, Schermer, and Shodeen
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Belser v. Nationstar Mortgage, LLC (In re Belser)

Citation: 
Belser v. Nationstar Mortgage, (In re Belser), BAP No. NH 14-065, --- B.R. --- (1st Cir. BAP Aug. 6, 2015)
Ruling: 
The BAP first determined that Nationstar had standing to object to the plan confirmation contrary to the debtor's reasoning that Nationstar lacked standing because it did not file a proof of claim before objecting to his plan. According to the ...
Judge(s): 
Hillman, Feeney, Finkle
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City of Concord, N.H. v. Northern New England Telephone Operations LLC (In re Northern New England Telephone Operations LLC)

Citation: 
No. 14-3381-bk (Aug. 4, 2015)
Ruling: 
The Court adopts the view that a lien can be extinguished by a Chapter 11 plan under 1141(c) only if the creditor has "participated" in the bankruptcy proceeding. See Penrod, 50 F.3d 459 (CA7 1995). The Court distinguishes Penrod ...
Judge(s): 
Jacobs, with Newman & Raggi
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Wildhaber, Sr. v. Burchard (in re Wildhaber, Sr.)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. NC-14-1352-PaJuKl (July 28, 2015)
Ruling: 
In the unpublished decisions, the Ninth Circuit Bankruptcy Appellate Panel ("BAP") affirmed the bankruptcy court's order dismissing the Chapter 13 case for failure to timely file a Chapter 13 plan. The bankruptcy court provided proper notice of the ...
Judge(s): 
Honorable PAPPAS, JURY, and KLEIN (sitting by designation), Bankruptcy Judges.
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Liggett v. Schwartz (In re Schwartz)

Citation: 
Liggett v. Schwartz, Case Nos. 14-1433, 14-1435, and 14-1436 (6th Cir. July 21, 2015).
Ruling: 
The Sixth Circuit Court of Appeals affirmed rulings by the Bankruptcy and District Courts of the Eastern District of Michigan, finding that (i) because a property settlement contained in a judgment of divorce grants contract rights as opposed to property ...
Judge(s): 
GIBBONS and COOK, Circuit Judges; GWIN, District Judge, sitting by designation.
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JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Prop. Inc. (In re Transwest Resort Prop. Inc.)

Citation: 
Ninth Circuit Court of Appeals Case No. 12-17176 (July 1, 2015)
Ruling: 
The Ninth Circuit Court of Appeals reversed and remanded the district court's decision dismissing on equitable mootness grounds an appeal from bankruptcy court's order confirming a chapter 11 plan of reorganization. The Ninth Circuit reaffirmed that equitable mootness is ...
Judge(s): 
Honorable J. Clifford Wallace, Milan D. Smith, Jr., and Michelle T. Friedland, Circuit Judges
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Adler v. Frost (In the Matter of Gulf States Long Term Acute Care of Covington, L.L.C.)

Citation: 
No. 14-31109 (5th Cir. June 11, 2015) - Designated not for publication
Ruling: 
Affirmed.
Judge(s): 
HIGGINBOTHAM, DAVIS, and SOUTHWICK Per Curiam
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Young v. Young (In re Young)

Citation: 
2015 WL 3756720
Ruling: 
Eighth Circuit affirmed bankruptcy court's imposition of sanctions on debtor's counsel for mischaracterizing post-petition alimony as pre-petition and for certifying that the debtor was current on alimony payments when she knew that the debtor was not current. Because of counsel's ...
Judge(s): 
Loken, Melloy, and Gruender
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