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· 9/26/2000

National City Bank v. Troutman Enterprises, Inc. (In Re Troutman Enterprises, Inc.)

Citations

  • 253 B.R. 8
  • 44 Collier Bankr. Cas. 2d 1713
  • 2000 FED App. 0007P
  • 2000 Bankr. LEXIS 1038
  • 36 Bankr. Ct. Dec. (CRR) 206
  • 2000 WL 1375449

How courts have described this case

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

  • discussing the effect of Code § 1141 and the fact that a state law breach of contract claim may be brought for a default under a confirmed chapter' 11 plan
  • permitting holders of claims dealt with by confirmed chapter 11 plan of corporate debtor in first case to file, after first case was converted to chapter 7 — in which debtor could not obtain a discharge, an involuntary petition against the debtor
  • confirmation discharged creditors' pre-confirmation debt and replaced it with their Plan Claims
  • confirmation discharged creditors’ pre-confirmation debt and replaced it with their Plan Claims
  • “The plan is essentially a new and binding contract between the Reorganized Debtor and the Petitioning Creditors.... If a reorganized debtor defaults under a plan, creditors have several options, including enforcing the plan terms in any court of competent jurisdiction.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Morgenstern-Clarren, Rhodes, Stosberg

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.