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· 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 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.