Legal Opinion
Comm 2013 CCRE12 Crossings Mall Rd., LLC v. Tara Retail Grp., LLC
United States Bankruptcy Court, N.D. West Virginia
Decided August 30, 2018No. Civil Action No. 1:18CV11; Civil Action No. 1:18CV47; Bankruptcy No. 1:17BK57Published
1Opinion of the Court
IRENE M. KEELEY, UNITED STATES DISTRICT JUDGE
COMM 2013 CCRE12 Crossings Mall Road, LLC ("COMM 2013"), appeals two orders entered by the United States Bankruptcy Court for the Northern District of West Virginia ("Bankruptcy Court"), overruling COMM 2013's objections to the settlement of certain claims by the debtor, Tara Retail Group, LLC ("Tara Retail"). The primary question presented is whether the debtor may compromise a claim by allowing the claim in its entirety, but agreeing to satisfy the claim, in part, through payment of a smaller sum. For the following reasons, concluding that…
2Cases cited11 opinions
- In Re Varat Enterprises, Inc., Debtor. First Union Commercial Corporation v. Nelson, Mullins, Riley and ScarboroughCourt of Appeals for the First Circuit · 1996
- Century Glove, Inc. v. First American Bank of New YorkCourt of Appeals for the First Circuit · 1988
- White County Bank v. Leavell (In Re Leavell)United States Bankruptcy Court, S.D. Illinois · 1992
- DaimlerChrysler Financial Services Americas, LLC v. JonesCourt of Appeals for the Fourth Circuit · 2010
- In re Alpha Natural Resources Inc.United States Bankruptcy Court, E.D. Virginia · 2016
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