· 5/2/1978
Pioneer Title Co. v. Housing Associates, Inc.
Citations
- 282 Or. 215
- 578 P.2d 1219
- 1978 Ore. LEXIS 862
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a proposed settlement agreement between the debtor and its claimants would modify the confirmed plan and was prohibited by § 1127(b)
- holding bankruptcy court had jurisdiction to consider motion post-confirmation because the issue went to the implementation or execution of the plan
- finding that bankruptcy jurisdiction did exist post-confirmation over agreement by debtor to liquidate claims through binding arbitration
- stating that “[Code] § 1142(b) does not confer substantive rights so much as it empowers the bankruptcy court to enforce the unperformed terms of a confirmed plan”
- reciting the plaintiff/debtor’s argument that “the insurers (defendants) unwillingness to defend or provide coverage for the lawsuits caused the company to file for bankruptcy protection”
- “Proceedings invoking the bankruptcy court’s statutory authority to enter orders necessary for the consummation of a confirmed plan [are ‘arising in’ proceedings] because the authority can be exercised only in the context of a bankruptcy case.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bryson, Denecke, Joseph, Tempore, Tongue
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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