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· 2/19/1988

In Re Future Energy Corp.

Citations

  • 83 B.R. 470
  • 1988 Bankr. LEXIS 2470
  • 17 Bankr. Ct. Dec. (CRR) 159
  • 1988 WL 13505

How courts have described this case

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

  • finding that for non-insider and non-fiduciary claimants, the standard of proof is egregious conduct such as fraud, spoilation or overreaching
  • finding that the standard of proof for insider and fiduciary claimants is material evidence of unfair conduct
  • noting the possibility of designing a plan calling for a transfer of property when the plan provides for a sufficient “margin for error”
  • finding insufficient evidence to establish reorganization value where debtor presented no testimony regarding past earning record and no analysis of the factors which would influence future income
  • plan provision in reorganization releasing plan proponents from third-party claims violates section 524(e)
  • \clear weight of decisional authority supports the proposition that Chapter 11 plans which call for the release of nonparties (such as guarantors) from liability upon obligations of the debtor are violative of S 524(e)\

Source: CourtListener parenthetical corpus (CC0).

Judges: Cole

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