Legal Opinion

Qakfabco, Inc. v. American Standard, Inc. (In Re Kewanee Boiler Corp.)

United States Bankruptcy Court, N.D. Illinois

Decided August 29, 2003No. 19-03771PublishedCited by 16 opinions

1Opinion of the Court

FINDINGS OF FACT AND CONCLUSIONS OF LAW

JACK B. SCHMETTERER, Bankruptcy Judge.

This Adversary proceeding relates to the Chapter 11 bankruptcy Plan confirmed by Debtor Kewanee Boiler Corporation, Inc., now known as OakFabco, Inc. (“Oak-Fabco” or “Debtor”). OakFabco seeks here to bind Defendant American Standard, Inc. (“American Standard” or “Defendant”) to that Plan even though Defendant was not originally scheduled as a creditor or given notice of the Debtor’s bankruptcy case prior to confirmation. However, American Standard was given post confirmation notice and offered an opportunity to file…

2Cases cited29 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  3. Armstrong v. ManzoSupreme Court of the United States · 1965
  4. Peralta v. Heights Medical Center, Inc.Supreme Court of the United States · 1988
  5. Greene v. LindseySupreme Court of the United States · 1982

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3Cited by16 opinions

  1. Zurich American Insurance v. Tessler (In Re J.A. Jones, Inc.)Court of Appeals for the Fourth Circuit · 2007
  2. American Standard, Inc. v. Oakfabco, Inc.District Court, S.D. New York · 2007
  3. Keeler v. PRA Receivables Management, LLC (In Re Keeler)United States Bankruptcy Court, E.D. Pennsylvania · 2009
  4. In re Kimball Hill, Inc.United States Bankruptcy Court, N.D. Illinois · 2017
  5. In Re Arch WirelessUnited States Bankruptcy Court, D. Massachusetts · 2005

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