In a case in the Eastern District of Michigan a debtor proposed a Chapter 11 plan that purported to give the debtor’s equity holder a 100% interest in the reorganized debtor in exchange for waiving his prepetition claim for $1.35…
Condominium Association’s Failure to Perform Maintenance Not an Adequate Special Defense to Foreclosure
The Connecticut Appellate Court (Peters, J.) recently upheld a trial court decision striking a defendant’s special defenses to a condominium association’s foreclosure of a statutory lien for unpaid common charges. The defendant’s special defenses alleged that the plaintiff’s failure to…
Attempt to File Amended Claim After Confirmation Deemed Futile
The United States Bankruptcy Court for the Eastern District of Pennsylvania (Fox, J.) held that a creditor is prohibited from filing an amended claim post-confirmation, as the filing of such a claim would be futile. The Debtor listed Sovereign Bank…