· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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