Lawrence J. Kotler partner with Duane Morris. 'Tew': A Primer on Post-Confirmation Bankruptcy Jurisdiction
During the course of their bankruptcy case, the debtors filed a second plan of reorganization (the plan), in which they referenced a potential and unliquidated claim against an entity known as "ED&F Man." Although this "claim" was also listed on the debtors' schedules, no version of the plan or disclosure statement specifically identified the defendant by name or explained the nature of the claim the debtors intended to assert against this entity.
December 05, 2023 at 10:55 AM
8 minute read
Bankruptcy
In the recent decision of Tew v. ED&F Man Capital Markets, the U.S. Bankruptcy Court for the Eastern District of Kentucky (the bankruptcy court) addressed a thorny decision for all bankruptcy courts, namely to what extent a bankruptcy court has jurisdiction over a post-confirmation lawsuit. In this case, Bernard Tew, along with his wife, Stephanie, filed a voluntary Chapter 11 petition on July 23, 2020. During the course of their bankruptcy case, the debtors filed a second plan of reorganization (the plan), in which they referenced a potential and unliquidated claim against an entity known as "ED&F Man." Although this "claim" was also listed on the debtors' schedules, no version of the plan or disclosure statement specifically identified the defendant by name or explained the nature of the claim the debtors intended to assert against this entity.
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