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· 4/29/2011

IRT Partners, L.P. v. Winn-Dixie Stores, Inc.

Citations

  • 639 F.3d 1053
  • 2011 WL 1601279

How courts have described this case

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

  • reasoning that “amendment of a creditor’s claim after confirmation of a plan can render a plan infeasible or alter the distribution to other creditors” and therefore concluding “only . . . compelling circumstances justify” post-confirmation amendment
  • explaining that, similar to a civil judgment, confirmation extinguishes the claim and creates a new claim defined by the treatment under the plan, and determining that the confirmed plan had res judicata effect precluding the post-confirmation amendment of a creditor’s proof of claim
  • “a confirmed reorganization plan should be accorded res judicata effect on a creditor’s subsequent attempt to amend his claim.”
  • “Therefore, we hold that post-confirmation amendment—while not prohibited—is not favored, and only the most compelling circumstances justify it.”
  • A “post- confirmation amendment—while not prohibited—is not favored . . . .”

Source: CourtListener parenthetical corpus (CC0).

Judges: Edmondson, Hill, Alarcon

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.