Legal Opinion
In Re Porter
United States Bankruptcy Court, D. Vermont
Decided February 8, 2008No. 19-10050PublishedCited by 4 opinions
1Opinion of the Court
Memorandum of Decision
Sustaining Creditors’ Objections to Confirmation and Striking Certain Language from Plans
COLLEEN A. BROWN, Bankruptcy Judge.
In each of these cases, the Debtors’ plans contain a provision that purports to preserve a broad range of not-yet-ripe federal and state statutory and common law causes of action against unidentified parties. In both cases, the language of the provision is identical and a creditor has objected. The Court confirmed both plans, with the caveat that adjudication of the objections might result in the controversial provision being modified or stricken;…
2Cases cited21 opinions
- Browning v. LevyCourt of Appeals for the Sixth Circuit · 2002
- Cen-Pen Corporation v. Walter E. Hanson Loraine P. HansonCourt of Appeals for the Fourth Circuit · 1995
- Mishal Bin Saud v. The Bank of New YorkCourt of Appeals for the Second Circuit · 1991
- In Re Kevin J. Layo. Andrea E. Celli, Trustee-Appellant v. First National Bank of Northern New YorkCourt of Appeals for the First Circuit · 2006
- Kelley v. South Bay Bank (In Re Kelley)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
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3Cited by4 opinions
- Futter v. Duffy (In re Futter Lumber Corp.)District Court, E.D. New York · 2012
- Russo-Chestnut v. Wells Fargo Home Mortgage (In re Russo-Chestnut)United States Bankruptcy Court, D. South Carolina · 2014
- Arkansas v. Wilmington Trust, National AssociationDistrict Court, N.D. Texas · 2020
- In re HarlingUnited States Bankruptcy Court, D. South Carolina · 2015