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Topic: Plan Confirmation

O&S Trucking, Inc. v. Mercedes Benz Financial Services, USA (In re O&S Trucking, Inc.)

Citation: 
No. 15-2048 (8th Cir. Jan. 22, 2016).
Ruling: 
Bankruptcy Appellate Panel correctly dismissed as moot debtor’s appeal from order confirming chapter 11 plan, where debtor had not objected to its plan prior to confirmation. Affirmed.
Judge(s): 
Colloton, Gruender, and Shepherd.
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Zachary, et al. v. California Bank & Trust

Citation: 
Ninth Circuit Court of Appeals - No. 13-16402
Ruling: 
The absolute priority rules applies in individual Chapter 11 cases. The exception created by BAPCPA only applies to property acquired by the debtor after the commencement of the case.
Judge(s): 
Hurwitz, Paez, Murguia
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Franklin High Yield Tax-Free Income Fund v. City of Stockton, California (In re City of Stockton, California)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. EC-14-1550-DJuF (December 11, 2015) Published
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") dismissed, as equitably moot, Franklin High Yield Tax-Free Income Fund and Franklin California High Yield Municipal Fund (collectively, “Franklin”) and affirmed the bankruptcy court's order confirming City of Stockton, California’s (“City”) first amended ...
Judge(s): 
Honorable DUNN, JURY AND FARIS, Bankruptcy Judges
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Village Green I, GP v. Federal National Mortgage Assoc. (In re Village Green I, GP)

Citation: 
File Name 16a0018p.06; Docket No. 14-6521
Ruling: 
Affirming the District Court for the Western District of Tennessee, the Sixth Circuit held that the single-asset real estate debtors' plan was not filed in good faith, and upheld dismissal of the case. The Sixth Circuit found there is ...
Judge(s): 
Guy, Moore and Kethledge; opinion by Kethledge
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In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).

Citation: 
In re Blendheim, No. 13-35354 (9th Cir. Oct. 1, 2015).
Ruling: 
A discharge-ineligible chapter 13 debtor may avoid a lien under section 506(d) after the bankruptcy court has disallowed the creditor’s proof of claim.
Judge(s): 
Richard A. Perez, Jay S. Bybee, and Consuelo M. Callahan, Circuit Judges. Opinion by Judge Bybee.
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Carswell v. Rojas, et al. (In re Carswell)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-15-1100-KuKiTa (December 11, 2015)
Ruling: 
In the Memorandum opinion by the Ninth Circuit Bankruptcy Appellate Panel ("BAP") deemed no appropriate for publication, the BAP affirmed the bankruptcy court's order dismissing the Chapter 13 bankruptcy. The Debtor's admissions set forth in her amended chapter 13 ...
Judge(s): 
Honorable KURTZ, KIRSCHER and TAYLOR, Bankruptcy Judges.
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FB Acquisition Property I, LLC v. Gentry (In re Gentry)

Citation: 
FB Acquisition Property I, LLC v. Gentry, et al. (In re Gentry), Case No. 14-1441 (10th Cir. December 8, 2015). Published.
Ruling: 
To be confirmed, a Chapter 11 plan must be feasible and a feasible plan is not a guarantee of success but rather offers a reasonable assurance of success. Further, the general rule under Colorado law that a guarantor’s liability ...
Judge(s): 
Kelly, Hart, Gorsuch (Kelly)
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Hewlett-Packard Financial Services Co. v. Alternate Graphics, Inc. (In re Alternate Graphics, Inc.)

Citation: 
9th Cir. BAP No. CC-14-1193-DTaKu (Oct. 29, 2015) (unpublished)
Ruling: 
BAP affirmed Debtor's $90,000 valuation of printing press in Chapter 11 plan as basis for payment of secured debt, affirmed award of discovery sanctions against creditor, and dismissed as equitably moot creditor's appeal that it was a lessor and not ...
Judge(s): 
DUNN, TAYLOR AND KURTZ, Bankruptcy Judges.
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Biltmore Investments, LTD v. TD Bank, N.A.

Citation: 
Biltmore Investments, LTD v. TD Bank, N.A., Case No. 15-1076 (4th Cir. Oct. 1, 2015) (unpublished) (per curiam).
Ruling: 
The court of appeals held the automatic stay expired upon confirmation of a Chapter 11 plan of reorganization. The district court erred in extending the automatic stay stay to enjoin a bank from foreclosing on the stock of ...
Judge(s): 
Before Circuit Judges Paul V. Niemeyer,Robert B. King, and Roger L. Gregory.
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JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Properties Inc., et al. (In re Transwest Resort Properties, Inc.)

Citation: 
JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Properties Inc.; Southwest Value Partners Fund XV, LLP; SWVP LA Paloma LLC; SWVP Hilton Head, LLC (In re Transwest Resort Properties, Inc.), -- F.3d. -- (9th CA September 15, 2015)
Ruling: 
The Ninth Circuit Court of Appeal ("Panel") withdrew its Opinion and Dissent filed on July 1, 2015, appearing at 791 F.3d 114. Even though the Chapter 11 plan had been implemented, a lender's colorable objection to the plan was ...
Judge(s): 
J. Clifford Wallace, Milan D. Smith, Jr., and Michelle T. Friedland, Circuit Judges
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