(Bankr. S.D. Ind. May 8, 2015)
In this declaratory judgment action, the bankruptcy court grants partial summary judgment in favor of the Chapter 11 debtor. The debtor’s plan had been confirmed ten years prior to this action and the plaintiff brought the action to attack certain provisions of that plan. The bankruptcy court interprets its prior orders in the bankruptcy case and ultimately rules in favor of the debtor, as well as finds sanctions against the plaintiff are appropriate. Opinion below.
2015-05-08 – boone county utilities v the branham corporation
Author: Matt Lindblom
(Bankr. W.D. Ky. Nov. 13, 2014)
The bankruptcy court denies the creditor’s motion for declaratory relief. The creditor sought a declaration that another interested party had no basis to object to the chapter 11 debtor’s stock being transferred to the creditor and that the creditor could provide adequate assurance of future performance of certain executory contracts with the debtor. The court declines to exercise jurisdiction over the issues raised in the motion, as they do not present an actual controversy. The creditor had not made an offer to purchase the stock nor had it proposed a competing plan. Opinion below.
2014-11-13 – in re conco