Plan Confirmation

Now Updating

Doug Woods v. Chavon Marie Landingham

Summarizing by Danielle Scott

ALLONHILL, LLC V. STEWART LENDER SERVICES, INC.

Summarizing by Paris Gyparakis

Beeman v. BGI (In re BGI)

Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
11 years 4 months ago

Citation:: Nos. 13-2226, 13-2288, 13-2300

Ruling:

As an issue of first impression, the Second Circuit held that the equitable mootness analysis set out in Chateaugay II applies to Chapter 11 liquidations. As with a reorganization, substantial...

Judge(s):

Kearse, Straub, and Carney

Tag(s):

Rivera v. Curry (In re Rivera)

Summarized by Elie Herman ,
11 years 5 months ago

Citation:: No. 14-1035 (9th Cir. BAP, Sept. 29, 2014)

Ruling:

Dismissed the appeal, as Debtor-Appellant should have sought relief from the bankruptcy court by filing a Civil Rule 60(b) motion.

Judge(s):

Kurtz, Davis, and Kirscher.

Tag(s):

Intertek USA, Inc. v. Caribbean Petroleum Corp. (In re Caribbean Petroleum Corp.)

Summarized by Valerie Hamilton , Sills Cummis & Gross PC
11 years 5 months ago

Citation:: TGse No. 13-4415 (3d Cir. Sept. 18, 2014) (Not Precedential)

Ruling:

The district court's determination that the bankruptcy court orders in question unambiguously provide for pro rata distribution to all holders of general unsecured claims, including tort claims is...

Judge(s):

Rendell, Greenaway, Jr., and Krause (author)

Tag(s):

Atkinson v. Ernie Haire Ford, Inc.

Summarized by Cullen Brown , Bradley Arant Boult Cummings LLP
11 years 6 months ago

Citation:: 13-11810

Ruling:

A defendant in an adversary proceeding was not a "person aggrieved" by the bankruptcy court's order extending the litigation bar date, and thus could not appeal such order.

Judge(s):

Wilson, Pryor, and Rosenbaum

Tag(s):

Minnesota Housing Finance Agency v. Schmidt (In re Schmidt)

Summarized by Lars Fuller , BakerHostetler
11 years 6 months ago

Citation:: Minnesota Housing Finance Agency v. Schmidt (In re Schmidt), No. 13-2447 (8th Cir. 2014)

Ruling:

Eighth Circuit Court of Appeals affirmed U.S. District Court, which affirmed bankruptcy court's confirmation of Chapter 13 plan over objection of creditor. Issue was whether Chapter 13 debtor...

Judge(s):

Colloton, Shepherd, Kelly

Tag(s):

General Lending Corp. v. Cancio

Summarized by Tiffany DiIorio , U.S. Department of Justice, Office of the U.S. Trustee
11 years 7 months ago

Citation:: General Lending Corp. v. Cancio, Case No. 14-10838 (11th Cir. Aug. 21, 2014) (unpublished) (per curiam).

Ruling:

The Circuit Court found that GLC could have identified the eligibility issues as early as July 2010 but failed to closely inspect the Debtor's schedules, that the Debtors had maintained their plan...

Judge(s):

Pryor, Martin and Edmondson

Tag(s):

EPR Marine Welding Construction Services, Inc. v. Naval Services of Puerto Rico, Inc.

Summarized by Hale Lake , Hinshaw & Culbertson, LLP
11 years 7 months ago

Citation:: EPR Marine Welding Construction Services, Inc. v. Naval Services of Puerto Rico, Inc., BAP No. PR 13-055 (1st Cir. B.A.P. July 31, 2014

Ruling:

The Bankruptcy Appellate Panel for the First Circuit (the “B.A.P.”) reversed the Bankruptcy Court’s dismissal of the Chapter 11 case of debtor, EPR Marine Welding Construction Services, Inc....

Judge(s):

Hillman, Hoffman, Finkle

Tag(s):

In re Cain

Summarized by Caralyce Lassner , Caralyce M. Lassner, JD
11 years 8 months ago

Citation:: 14 FED App.0005P (6th Cir.) (BAP)

Ruling:

A Chapter 13 debtor who is ineligible for a discharge due to a prior Chapter 7 discharge, may strip a wholly unsecured junior lien on real property through the Chapter 13 plan.

Judge(s):

Judges Harrison, Humphrey, Preston. Opinion by J. Harrison.

Tag(s):

Viegelahn v. Harris, III (In the Matter of Harris, III)

Summarized by John Jones , J. R. Jones Law PLLC
11 years 8 months ago

Citation:: Case No. 13-50374 (5th Cir. July 7, 2014)

Ruling:

REVERSED district court's holding that payments in possession of Chapter 13 trustee at time of case conversion from Chapter 13 to Chapter 7 be returned to debtor and remanded case back to district...

Judge(s):

Benavides, Clement and Graves, Circuit Judges.

Tag(s):

National Heritage Foundation, Inc. v. Highbourne Foundation

Summarized by Cara Murray , Whiteford Taylor Preston LLP
11 years 8 months ago

Citation:: No. 13-1608 (4th Cir. June 27, 2014)

Ruling:

The Circuit Court affirmed the bankruptcy court's ruling that the non-debtor release provision in the debtor's Chapter 11 reorganization plan was unenforceable.

Judge(s):

Circuit Court, Diaz (author), Wilkinson and Agee Bankr. E.D.V.A., Trenga

Tag(s):

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