Varela v. Dynamic Brokers, Inc. (In Re Dynamic Brokers, Inc.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
The key question in this appeal from the disallowance of a claim and the confirmation of a chapter 11 plan of reorganization is whether a chapter 11 plan confirmation proceeding can be used to reduce a creditor’s claim without compliance with claim objection procedures. We conclude that the comprehensive chapter 11 statutory scheme defines the minimum due process for dealing with creditors, requires compliance with the claim objection procedures, and precludes using a chapter 11 plan provision as the means to reduce a claim that is “deemed allowed” without the…
2Cases cited11 opinions
- In Re Gary Ronald Perez, Debtor. Frank Everett v. Gary Ronald PerezCourt of Appeals for the Ninth Circuit · 1994
- Bankr. L. Rep. P 76,065 in Re Baker & Drake, Inc., Dba "Yellow Cab", Debtor. Baker & Drake, Inc. v. Public Service Commission of NevadaCourt of Appeals for the Ninth Circuit · 1994
- In Re Camino Real Landscape Maintenance Contractors, Inc., Debtor. United States of America v. Camino Real Landscape Maintenance Contractors, Inc., in Re Hadrian Construction, Inc., Debtor. United States of America v. Hadrian Construction, Inc., in Re Armour Oil Company, Debtor. United States of America v. Armour Oil CompanyCourt of Appeals for the Ninth Circuit · 1987
- United States Ex Rel. Farmers Home Administration v. Arnold & Baker Farms (In Re Arnold & Baker Farms)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- In Re Potter Material Service, Inc., Debtor. Official Creditors' Committee on Behalf of Class 8 Unsecured Creditors v. Potter Material Service, Inc.Court of Appeals for the Seventh Circuit · 1986
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3Cited by37 opinions
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- Litton Loan Servicing, LP v. Garvida (In Re Garvida)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
- Brawders v. County of Ventura (In Re Brawders)Court of Appeals for the Ninth Circuit · 2007
- In Re MillspaughUnited States Bankruptcy Court, D. Idaho · 2003
- Wiersma v. O.H. Kruse Grain & Milling (In Re Wiersma)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
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