· 1/21/1997
American Bank & Trust Co. v. Jardine Insurance Services Texas, Inc.
Citations
- 104 F.3d 1241
- 31 U.C.C. Rep. Serv. 2d (West) 883
- 14 Colo. Bankr. Ct. Rep. 23
- 1997 U.S. App. LEXIS 875
- 30 Bankr. Ct. Dec. (CRR) 269
- 1997 WL 18970
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- acknowledging that “creditors have a responsibility to take an active role in protecting their claims.”
- finding that an obscure reference to a creditor’s interest in an agreement incorporated into the plan did not provide adequate notice
- adding justification that non‐participating creditor’s right to due process forbade extinguishment of lien without adequate notice
- creditor who did not receive sufficient notice of the proposed treatment of its claim to satisfy due process was not bound by the terms of the confirmed plan
- an obscure reference to an agreement incorporated into the Chapter 11 plan did not provide the secured creditors with sufficient notice about the treatment of their particular class of claim or adequate information to make a reasonable judgment about the plan
Source: CourtListener parenthetical corpus (CC0).
Judges: Seymour, Anderson, Brorby
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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