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New Cases For the Week of December 14, 2009 - December 18, 2009
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Click here to search prior New Opinion summaries.
| December 16, 2009 |
Case |
Court |
Holding |
In re Superior Offshore International, Inc.
(DBN) |
5th Cir. |
Where a class of subordinated claims and a class of equity interests are entitled to share assets pro rata, the failure of a plan to provide an explicit formula for converting shares to claims (or vice versa) does not prevent confirmation of the plan. The issue is one of allowance, much like the claim allowance procedure, and can be adjudicated post-confirmation. |
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| December 14, 2009 |
Case |
Court |
Holding |
In re C.W. Mining Co.
(DBN) |
10th Cir. BAP |
"It takes two to tango. It takes three to file an involuntary bankruptcy case." |
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