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...
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,...