In re Castleton Plaza, LP

Citation:
Case no. 12-2639, 7th Circuit Court of Appeals (decided February 14, 2013)
Ruling:
On a direct appeal from the bankruptcy court, the 7th Circuit panel held that a new value plan in which new investment in the debtor is provided by a spouse that was not an equity investor in the...
Judge(s):
Frank Easterbrook, Chief Judge; Joel Flaum, Circuit Judge; Ilana Rovner, Circuit Judge. Opinion by Judge Easterbrook.
Tag(s):

Dill Oil Co., LLC v. Stephens (In re Stephens)

Citation:
Appellate Case Number 11-6309 (Bankruptcy Case No. 10-14028-WV), Document Number 01018983694, entered on January 15, 2013.
Ruling:
The 10th Circuit reversed the bankruptcy court's ruling that the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) abrogated the absolute priority rule (APR), in its entirety as to...
Judge(s):
Kelly and Holmes, Circuit Judges, and William J. Martinez, District Judge (sitting by designation). Opinion by Judge Kelly.
Tag(s):

The Prudential Insurance Company of America v. SW Boston Hotel Venture, LLC (In re SW Boston Hotel Venture, LLC)

Citation:
In re SW Boston Hotel Venture, LLC, et al., BAP No. MB 11-087 (October 1, 2012 1st Cir. BAP)
Ruling:
The order confirming the substantially consummated plan of reorganization was vacated and the case remanded to the bankruptcy court to allow for the amendment of the plan to address Prudential’s...
Judge(s):
Haines, Deasy, and Tester
Tag(s):

In re Charter Communications, Inc.

Citation:
In re Charter Communications, Inc., --- F.3d ----, 2012 WL 3764706 (2d Cir. Aug. 31, 2012)
Ruling:
• The Circuit Court AFFIRMED the district court on an abuse of discretion review and HELD that the appeals were equitably moot. • The Circuit stated that equitable mootness in the present case...
Judge(s):
Walker, Lynch, Lohier
Tag(s):

In re American Capital Equipment, LLC

Citation:
In re American Capital Equipment, LLC, Case No. 10-2239 (3d Cir. July 25, 2012).
Ruling:
Time of Confirmability Determination Bankruptcy judges can determine a Chapter 11 plan is unconfirmable without first holding a confirmation hearing where: (1) the plan is "patenty unconfirmable,...
Judge(s):
Fisher, Vanaskie, and Roth
Tag(s):

Search Market Direct, Inc. v. Jubber (In re Paige)

Citation:
Search Market Direct Inc. v. Jubber (In re Paige), D.C. No. 2:07-CV-00822-DB; BAP No. UT-08-062; D.C. No. 2:09-CV-00988-DB (11th Cir., July 16, 2012)
Ruling:
The Court held: The confirmed Chapter 11 plan was proposed in good faith and was fair and equitable; A proposed competing plan could not have been confirmed because it was not feasible; The...
Judge(s):
BRISCOE, Chief Judge, HOLLOWAY and KELLY, Circuit Judges.
Tag(s):

Reuter v. Cutcliff (In re Reuter)

Citation:
Case Nos. 10-6043 and 10-6069 (B.A.P. 8th Cir., Jan. 31, 2011)
Ruling:
AFFIRMING the bankruptcy court's orders (1) denying confirmation of the debtor's chapter 11 plan, (2) granting creditors' motion to convert case to chapter 7, and (3) entering judgment in favor of...
Judge(s):
Kressel, Saladino, and Nail.
Tag(s):

In re Maharaj

Citation:
In re: Maharaj, Case No. 11-1747 (4th Cir. June 14, 2012), slip opinion
Ruling:
AFFIRMING the bankruptcy court's denial of confirmation of an individual Chapter 11 plan accepted by two classes of creditors, but rejected by a class of unsecured creditors, the court held, in a...
Judge(s):
Before Duncan, Agee and Diaz, Circuit Judges. Opinion by Judge Agee in which Judge Duncan and Judge Diaz joined
Tag(s):

Meyer v. Lepe (In re Lepe)

Citation:
Meyer v. Lepe (In re Lepe), Case No. 10-60264 (B.A.P. 9th Cir 2012)
Ruling:
In the Ninth Circuit, a bankruptcy court must examine the totality of the circumstances in determining whether a debtor proposed a plan in good faith under section 1325(a)(3). Contrary to the...
Judge(s):
Judge Papas, Judge Dunne, and Judge Markell
Tag(s):

In re Federal-Mogul Global Inc.

Citation:
In re Federal-Mogul Global Inc., Case No. 09-2230, 2012 WL 1511773 (3d Cir. May 1, 2012)
Ruling:
The Court of Appeals for the Third Circuit held that the Debtor Federal-Mogul could transfer its insurance rights to recovery under liability policies to a post-confirmation section 524(g) trust,...
Judge(s):
Anthony J. Scirica, D. Brooks Smith and Kent A. Jordan
Tag(s):

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