Claimants who failed to timely cash settlement checks from the Dow Corning Settlement Facility (Facility) are now barred from receiving payment by the district court order finalizing time for...
Judge(s):
Sutton, Chief Judge, and Readler, and Bloomkatz, Circuit Judges
Even though LAP failed to list Raymond James as a creditor when it filed for bankruptcy, Raymond James is nevertheless subject to the confirmation plan because of its actual knowledge of the...
A Subchapter V plan cannot be confirmed unless it complies with 11 U.S.C. § 1123(b)(5). Thus, the debtor's plan, which did not require the reorganized debtor to make periodic payments to a...
Affirmed the dismissal of claimant's appeal of a confirmed chapter 11 plan because appellant failed to demonstrate "person aggrieved" bankruptcy standing. Claimant filed a proof of claim in the...
Florida Agency for Health Care Administration, United States of America v. Bayou Shores SNF, LLC (In re Bayou Shores SNF, LLC), Case No. 15-13731 (11th Cir. July 11, 2016).
Ruling:
The Eleventh Circuit held that the bankruptcy court erred as a matter of law when it exercised subject matter jurisdiction over certain provider agreements. By virtue of Medicare’s...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
10 years 6 months ago
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"...
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
10 years 9 months ago
Citation:
Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.), No. 14-1465 (3d Cir. May 21, 2015)
Ruling:
The United States Court of Appeals for the Third Circuit held where there is no showing that a structured dismissal of a chapter 11 case "has been contrived to evade the procedural protections and...
Affirmed. Equity holder being paid in full for interest in debtor under plan cannot block plan by insisting on being equity holder in reorganized debtor. Going concern method was appropriate...
Judge(s):
MARTIN, ANDERSON, and COTE (District Judge (S.D.N.Y) sitting by designation)
BAP No. NV-13-1179-JuKiTa; Bk Nos. 10-52248, 10-52249, 10-52251, 10-52252; (not appropriate for publication)
Ruling:
Though the Ninth Circuit BAP found that a confirmed chapter 11 plan had been substantially consummated, the BAP nevertheless reversed the Bankruptcy Court's confirmation order.
