Legal Opinion
In Re Ralph C. Tyler, P.E., P.S., Inc.
United States Bankruptcy Court, N.D. Ohio
Decided July 30, 1993No. 19-50071PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM OF OPINION AND ORDER
RANDOLPH BAXTER, Bankruptcy Judge.
This matter came before the Court for a hearing on confirmation of the Debtor’s Second Amended Plan (Plan). The Internal Revenue Service has withdrawn its objection and no other objections have been filed. The Plan contains several deficiencies, noted below, and is disapproved.
The Plan contains a waiver of claims of the estate. Specifically, the Debt- or/Debtor-In-Possession (DIP) has claims against the Class 9 creditors, the shareholders of the DIP. Such a waiver, under the circumstances presented here, contravenes bankruptcy…
2Cases cited5 opinions
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Louisiana World Exposition v. Federal Insurance CompanyCourt of Appeals for the Fifth Circuit · 1988
- In Re Terex Corporation, Debtor. Terex Corporation v. Metropolitan Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 1993
- In Re Allegheny International, Inc.United States Bankruptcy Court, W.D. Pennsylvania · 1990
- In the Matter of Gaslight Club, Inc., Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1986
3Cited by15 opinions
- Save Our Springs (S.O.S) Alliance, Inc. v. WSI (II)-COS, L.L.C.Court of Appeals for the Fifth Circuit · 2011
- In Re Trenton Ridge Investors, LLCUnited States Bankruptcy Court, S.D. Ohio · 2011
- In re Aurora Memory Care, LLCUnited States Bankruptcy Court, N.D. Illinois · 2018
- In Re Van EckUnited States Bankruptcy Court, D. Connecticut · 2010
- In Re Repurchase Corp.United States Bankruptcy Court, N.D. Illinois · 2005
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