Reorganization Plan Confirmation

39 Florida cases classified under this topic · sorted by citation count · browse and sort

• Clinton Tr. Co. v. John H. Elliott Leather Co.
  132 F.2d 299· 2d Cir.· 1942-12-09 ·cited 30×
  Debts incurred by a corporation after confirmation of a reorganization plan, but before default, are not entitled to priority as expenses of administration if the court's jurisdiction was limited to ensuring plan compliance and not general business control.
• In re Int'l Horizons, Inc. v. Int'l Horizons, Inc.
  751 F.2d 1213· 11th Cir.· 1985-01-31 ·cited 27×
  The court held that the bankruptcy court did not abuse its discretion in disallowing the IRS's untimely amended proofs of claim for corporate income taxes, as they constituted new claims and the IRS's delay and negligence weighed against equitable allowance.
• In re Tech. Knockout Graphics, Inc. v. Tech. Knockout Graphics, Inc.
  833 F.2d 797· 9th Cir.· 1987-11-30 ·cited 26×
  Payments made by a Chapter 11 debtor prior to plan confirmation are involuntary, and the bankruptcy court cannot order the IRS to apply such payments to trust fund tax liabilities at the debtor's designation.
• In re Dogpatch U.S.A., Inc. v. Dogpatch U.S.A., Inc.
  810 F.2d 782· 8th Cir.· 1987-02-02 ·cited 24×
  The court held that the bankruptcy court had jurisdiction over the S&Ls' counterclaim against Dogpatch Properties, Inc. (DPI) and the third-party complaint against the Odoms because these proceedings were 'related to' the Chapter 11 case and could affect the administration of the
• In re Barrier v. Barrier
  776 F.2d 1298· 5th Cir.· 1985-11-22 ·cited 22×
  The court held that mandamus is the appropriate remedy to compel a district court to grant a stay of a bankruptcy court's confirmation order pending appeal, due to the lack of other appellate remedies and potential for irreparable harm.
• In re SUN Country Dev., Inc. v. SUN Country Dev., Inc.
  764 F.2d 406· 5th Cir.· 1985-07-01 ·cited 18×
  The court held that the bankruptcy court's approval of the reorganization plan was proper, as it was proposed in good faith and the substituted security constituted the indubitable equivalent of the original lien.
• London v. Snyder
  163 F.2d 621· 8th Cir.· 1947-09-05 ·cited 16×
  The court affirmed the denial of compensation to counsel for a creditor group whose interests conflicted with the debtor's and reversed the allowance to the trustee's counsel, finding it excessive.
• In re Cornelison v. Cornelison
  901 F.2d 1073· 11th Cir.· 1990-05-22 ·cited 10×
  The court held that a bankruptcy court must make specific factual findings to support its confirmation of a reorganization plan, rather than merely reciting statutory language.
• In re Energy Res. Co., Inc. v. Energy Res. Co., Inc.
  871 F.2d 223· 1st Cir.· 1989-03-31 ·cited 10×
  A bankruptcy court has the legal authority to order the IRS to apply tax payments made by a Chapter 11 debtor to the corporation's "trust fund" tax liabilities first, even if the IRS considers such payments "involuntary."
• Wien AIR Alaska, Inc. v. Bachner
  865 F.2d 1106· 9th Cir.· 1989-01-13 ·cited 8×
  The court held that the dispute over the employer's furlough plan constituted a 'major dispute' under the Railway Labor Act, granting the collective bargaining agent exclusive authority to settle claims, and that the employer did not breach or reject the collective bargaining agr
• In re George F. Nord BLDG. Corp. Kausal v. George F. Nord BLDG. Corp.
  129 F.2d 173· 7th Cir.· 1942-06-25 ·cited 8×
  The court held that the District Court had jurisdiction to issue the restraining order and that the appellant, having consented to the order, could not later challenge its validity or claim it violated his free speech rights.
• In re Atlas Sewing Ctrs., Inc. v. Jones Fin. Corp.
  437 F.2d 607· 5th Cir.· 1971-01-15 ·cited 6×
  The court held that the Government was precluded by res judicata from appealing the distribution order, and affirmed the lower court's decision on the merits.
• In re Boston & Providence R.R. Corp.
  413 F.2d 137· 1st Cir.· 1969-07-24 ·cited 6×
  A party is bound by its prior unsuccessful appeal from an approval order, and cannot relitigate settled issues under the guise of an appeal from a subsequent confirmation order.
• In re Waern BLDG. Corp. Morrill v. Waern BLDG. Corp.
  145 F.2d 584· 7th Cir.· 1944-11-08 ·cited 6×
  The court held that a Chapter X reorganization plan was fair, equitable, and feasible, and that objections not raised in the lower court are waived.
• In re Sweetwater v. W. LaMonte Robison for administrative claimants as assignees of a chose in action from Sweetwater
  884 F.2d 1323· 10th Cir.· 1989-09-01 ·cited 5×
  The court held that the bankruptcy court has subject matter jurisdiction and that a trustee appointed under a confirmed reorganization plan can enforce avoidance actions as a representative of the estate, even if the plan provides for administrative claimants to receive proceeds.
• Sipes v. Gen. Dev. Corp. (In Re Gen. Dev. Corp.)
  177 B.R. 1000· S.D. Fla.· 1995-01-27 ·cited 4×
  The court affirmed the Bankruptcy Court's order, holding that the Sipes were not denied due process and that their homesite purchase agreement was an executory contract subject to rejection under the Bankruptcy Code.
• In re Pikes Peak Water Co. v. Pikes Peak Water Co.
  779 F.2d 1456· 10th Cir.· 1985-12-19 ·cited 4×
  The court held that the bankruptcy court's interpretation of the loan documents and confirmation of the reorganization plan were not clearly erroneous and affirmed the lower court's decisions.
• In re Union League Club of Chicago. O'Malley v. Union League Club of Chicago
  203 F.2d 381· 7th Cir.· 1953-04-16 ·cited 4×
  The court held that the bondholders are not entitled to recover interest represented by coupons that matured before the confirmation of the reorganization plan, as this interest was waived and cancelled as part of the plan.
• In re Higbee Co. Young v. Murphy
  164 F.2d 426· 6th Cir.· 1947-12-02 ·cited 4×
  The court held that the appellant's petition for an accounting was barred by res judicata, as the issues had been previously litigated and finally adjudicated.
• In re Holywell Corp. v. Bank OF NEW York
  901 F.2d 931· 11th Cir.· 1990-05-18 ·cited 3×
  The court held that the debtors' appeal from the bankruptcy court's determination of the Bank's lien amount was moot because the reorganization plan, which relied on that determination, had been substantially consummated.
• Certified Class in the Charter Securities Litigation v. Charter Co. (In Re Charter Co.)
  92 B.R. 510· M.D. Fla.· 1988-08-23 ·cited 3×
  The court held that the appeal must be dismissed because the class appellant lacked standing, individual members were not properly named in the notice of appeal, and the appeal was moot due to substantial consummation of the reorganization plan.
• In re Tranel v. Adams Bank & Tr. Co.
  940 F.2d 1168· 8th Cir.· 1991-08-05 ·cited 2×
  The court held that the bankruptcy court did not err in confirming the creditors' reorganization plan over the debtors' objections and in denying the debtors leave to bring a state court action for fraud due to inadequate disclosure.
• In re Webb v. Webb
  932 F.2d 155· 2d Cir.· 1991-05-07 ·cited 2×
  The court held that the bankruptcy court's order approving the modification of a confirmed reorganization plan was proper, as it contained an adequate finding of feasibility and complied with statutory requirements.
• In re Clarkson v. Cooke Sales & Serv. Co. & Farmers Home Admin.
  767 F.2d 417· 8th Cir.· 1985-06-28 ·cited 2×
  The court held that the bankruptcy court did not err in denying confirmation of the reorganization plan due to its infeasibility and lack of demonstrated funding.
• United States v. Gurwitch (In Re Gurwitch)
  54 B.R. 927· S.D. Fla.· 1985-06-07 ·cited 2×
  The court held that the IRS's new penalty assessments for withholding taxes were not discharged by the debtor's reorganization plan and could be enforced separately.
• Redwine v. Citizens & S. Nat. Bank
  189 F.2d 328· 5th Cir.· 1951-05-30 ·cited 2×
  The court held that Section 271 of the Bankruptcy Act allows for the assessment and collection of previously undetermined state taxes, even after a reorganization plan has been confirmed, if the taxes were found to be owing within one year of the petition filing and not assessed
• In re Moir Hotel Co. Trainor v. Morrison Hotel Corp.
  186 F.2d 377· 7th Cir.· 1950-12-21 ·cited 1×
  The court held that the district court did not err in denying the appellants' petition to restrain voting of undistributed shares and to postpone a meeting, nor in granting the permanent trustees' motion to vote the shares. The court also found no abuse of discretion in denying t
• Guan v. Ellingsworth Residential Cmty. Ass'n, Inc.
  11th Cir.· 2025-01-13
  Alice Guan sued her homeowners association, Ellingsworth Residential Community Association, after the HOA filed for subchapter V bankruptcy to avoid paying her counterclaim for damages and attorney's fees. The Eleventh Circuit held that a not-for-profit homeowners association may
• GBR Grp. Ltd v. Water Marble Holdings, LLC
  M.D. Fla.· 2023-11-15
  The Court held that the appeal is equitably moot because the appellant unjustifiably failed to seek a stay, the reorganization plan was substantially consummated, and reversal would adversely affect the debtor and third parties.
• NLG, LLC v. Selective Advisors Grp., LLC
  S.D. Fla.· 2019-09-18
  The appeal is equitably moot because the reorganization plan has been substantially consummated and effective relief cannot be granted without harming third-party creditors.
• Liquidity Solutions, Inc. v. Winn-Dixie Stores
  377 B.R. 322· M.D. Fla.· 2007-10-10
  The court granted Winn-Dixie's motion to dismiss the appeals, finding them equitably moot.
• Hillis Motors, Inc. v. Haw. Auto. Dealers' Ass'n
  997 F.2d 581· 9th Cir.· 1993-06-28
  The court held that the DCCA's dissolution of Hillis Motors violated the automatic stay because Hillis' corporate property remained part of the bankruptcy estate post-confirmation.
• In re Texscan Corp. v. Texscan Corp.
  976 F.2d 1269· 9th Cir.· 1992-10-05
  A retrospective insurance premium contract is not an executory contract under 11 U.S.C. § 365 if a state statute requires the insurer to continue coverage despite the insured's bankruptcy, thereby excusing the insurer's performance regardless of the insured's default.
• In re Dahdah
  1989 U.S. Dist. LEXIS 8244· S.D. Fla.· 1989-06-20
  The appeal is moot because the Chapter 11 Trustee's duties have been performed and the issues sought to be raised have been previously dismissed with prejudice or are subject to prior final judgments.
• Farber v. Wards Co., Inc.
  825 F.2d 684· 2d Cir.· 1987-08-04
  The court held that a landlord's claim for use and occupancy prior to 1981 was barred by a confirmed bankruptcy reorganization plan, and claims for amounts exceeding the lease rate were properly rejected. However, the court reversed the dismissal of the trade fixtures claim, rema
• Butler v. Greater Pythian Temple Ass'n OF NEW York
  205 F.2d 621· 2d Cir.· 1953-06-17
  The court held that the bankruptcy court lacked jurisdiction to remove a trustee or compel the production of a bondholder list, and that it was not an abuse of discretion to deny a petition to reopen a confirmed reorganization plan for modification.