Beal Bank, S.S.B. v. Jack's Marine, Inc. (In Re Beal Bank, S.S.B.)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that bankruptcy court’s order requiring satisfaction of mortgage after payment of creditor’s claim in full was a permissible clarification rather than a modification of the debtor’s plan
• allowing clarification that “did not alter any provision of the Plan. Instead, the Court clarified the Plan on a matter on which it was silent.”
• affirming the bankruptcy court’s post-confirmation decision to extend a payment deadline contained in the plan as an exercise of the Court’s authority under §§ 1142(b) and 105
• “Though a bankruptcy court exercises its equitable powers at its own discretion, it cannot override specific provisions of the bankruptcy code. Nor can a court rewrite a confirmed plan on the grounds of perceived equities.”
• change to plan was a permissible clarification, because plan was silent

Source: CourtListener parenthetical corpus (CC0).