In Re Rickel & Associates, Inc.
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
MEMORANDUM DECISION DENYING DEBTOR’S MOTION TO MODIFY THE CONFIRMATION ORDER
STUART M. BERNSTEIN, Chief Judge.
Under the debtor’s confirmed plan, the shareholders neither receive a distribution nor retain their interests. The debtor has now moved to modify the Confirmation Order to change the treatment of the equity class. The plan, however, has been substantially consummated, and relief is barred by 11 U.S.C. § 1127(b). Accordingly, the motion must be denied.
BACKGROUND 1
At all relevant times, the debtor was engaged in the business of providing financial advisory services and investment banking…
2Cases cited23 opinions
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- In the Matter Of: Unr Industries, Inc., Debtors. Appeals of Unarco Bloomington Factory WorkersCourt of Appeals for the Seventh Circuit · 1994
- In Re Jartran, Inc., Debtor. Fruehauf Corporation v. Jartran, Inc.Court of Appeals for the Seventh Circuit · 1989
- In Re Joint Eastern and Southern District Asbestos Litigation. In Re Johns-Manville Corporation, Debtor. Bernadine K. Findley, as of the Estate of Hillard Findley, Putative Class Members Owens-Corning Fiberglass Corporation v. Donald M. Blinken, Manville Personal Injury Settlement Trust, in Re Bernadine K. Findley, as of the Estate of Hillard Findley, and Donald M. Blinken, Bernadine K. Findley, as of the Estate of Hillard Findley, and Donald M. Blinken v. Leslie Gordon Fagen, as Legal Representative of FutureCourt of Appeals for the Second Circuit · 1992
- Federal Deposit Insurance Corporation v. Colonial Realty Company, Jonathan Googel, and Benjamin SistiCourt of Appeals for the Second Circuit · 1992
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3Cited by16 opinions
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- Rickel & Associates, Inc. v. Smith (In Re Rickel & Associates, Inc.)United States Bankruptcy Court, S.D. New York · 2002
- In Re Vencor, Inc.United States Bankruptcy Court, D. Delaware · 2002
- In Re Xpedior Inc.United States Bankruptcy Court, N.D. Illinois · 2006
- In Re Planet Hollywood InternationalUnited States Bankruptcy Court, D. Delaware · 2001
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