Legal Opinion

Dold v. Rainbows United, Inc. (In re Rainbows United, Inc.)

United States Bankruptcy Court, D. Kansas

Decided March 4, 2016No. Case No. 09-12457; Adv. No. 15-5144PublishedCited by 1 opinion

1Opinion of the Court

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

Robert E. Nugent, United States Chief Bankruptcy Judge

When Rainbows United’s chapter 11 plan was confirmed, its confirmation order discharged “any debt” that Rainbows had incurred up to that time, no matter whether the holders of those debts had filed proofs of claim, the claims had been allowed, or the claimants had accepted the plan.1 The Bankruptcy Code defines “debt” as “liability on a claim” and “claim” as a “right to payment,” one that can be, among other things, merely contingent.2 A contingent claim arises at the time the conduct that causes…

2Cases cited28 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Robbins Ex Rel. Robbins v. Oklahoma Ex Rel. Department of Human ServicesCourt of Appeals for the Tenth Circuit · 2008
  4. Ridge at Red Hawk, L.L.C. v. SchneiderCourt of Appeals for the Tenth Circuit · 2007
  5. In The Matter Of M. Frenville Co., Inc.Court of Appeals for the Third Circuit · 1985

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3Cited by1 opinion

  1. Hardegger v. ClarkSupreme Court of Colorado · 2017

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