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Chapter 11 announced - Part 12 - District Court


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2 hours ago, Eagle1970 said:

This is sort of along the lines of my question.  And how would a surviving member present further claim info.

In the current bankruptcy case, I am pretty sure I saw some cases that were "estate of... " Maybe one of our legal eagles would remember or know where to find where those cases might be listed to provide an example. 

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Omni created a new docket for the appeals here:  Consolidated Appeals of Confirmation Order Lengthy scheduling order is here:  https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/e4a87bc5-4

This Christmas Day, Peace On Earth. And be blessed to find Peace in your soul. 

The direct answer is Yes-overrule the bankruptcy court's order (in whole or in part). To go to the Dept. of Justice's website on the issue a district court's scope of review of a bankruptcy

12 hours ago, yknot said:

In the current bankruptcy case, I am pretty sure I saw some cases that were "estate of... " Maybe one of our legal eagles would remember or know where to find where those cases might be listed to provide an example.

If you have a claim and pass away it becomes the "property" of your estate.  That, and questions about documenting things NOW are reasons to lawyer up if you have any concerns.  It IS an issue for many.  I seem to remember hearing at some point that something on the order of 10,000 claims were from Survivors over 70, with 2,000 from those over 80.  No, I'm not a lawyer so remember when you get free legal advice you get what you pay for 😉

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19 hours ago, yknot said:

In the current bankruptcy case, I am pretty sure I saw some cases that were "estate of... " Maybe one of our legal eagles would remember or know where to find where those cases might be listed to provide an example. 

The signature block has 3 options that can be checked above the signature to identify the party executing the POC. They are: (1) SA Survivor; (2) Survivor's...executor or Authorized Representative; (3) Other. I added my wife's name, residence and email address to my file in the form of a very simple amendment, since she is my designated executor under the trusty ol' will. I just enjoy adding digital sheets of paper to my ShareVault drawer.

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On 1/28/2023 at 7:45 PM, MYCVAStory said:

Small other reminder, District Court hearing 2/9-10 is NOT on Zoom.

It has been a while, but it feels like we are getting close to the end (or the beginning of the actual trust).

It doesn't seem like District Court is pushing to overturn.  In Purdue, the confirmation was September 17th and it took the District Court less than a month to reject the deal.  I also do not see the US DOJ pushing hard against the BSA deal (compared to what they did in Purdue).  I'm starting to get the impression that approval by District Court is highly likely.  If they had major concerns, one would think they would push to hear the appeal more quickly.  That doesn't guarantee anything, but the arguments put forward by the insurance companies seem weak (for the most part, they can still fight the settlement trust).  There are a few claimants, but the vast majority seem to support the plan.  This circuit already allows non debtor releases ... so, I just don't see much momentum behind rejection.  That said ... there is always a path.

I am hopeful by March we may see the approval of the plan by District Court.  I believe further appeals can happen after that, but from what I understand, the plan would start being implemented after district court and appeals could quickly become moot.

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9 hours ago, Eagle1993 said:

It has been a while, but it feels like we are getting close to the end (or the beginning of the actual trust).

It doesn't seem like District Court is pushing to overturn.  In Purdue, the confirmation was September 17th and it took the District Court less than a month to reject the deal.  I also do not see the US DOJ pushing hard against the BSA deal (compared to what they did in Purdue).  I'm starting to get the impression that approval by District Court is highly likely.  If they had major concerns, one would think they would push to hear the appeal more quickly.  That doesn't guarantee anything, but the arguments put forward by the insurance companies seem weak (for the most part, they can still fight the settlement trust).  There are a few claimants, but the vast majority seem to support the plan.  This circuit already allows non debtor releases ... so, I just don't see much momentum behind rejection.  That said ... there is always a path.

I am hopeful by March we may see the approval of the plan by District Court.  I believe further appeals can happen after that, but from what I understand, the plan would start being implemented after district court and appeals could quickly become moot.

From your lips to god's ears.

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The USDOJ brings the people's elbow (The Rock reference) to the Roman Catholic Church Ad Hoc, Coalition and Pfau request for payment.  Easy read. Basically tells them they should pound sand.

I have a hard time seeing the judge disagree with the DOJ.  I expect a hard rebuke... Perhaps that is hope talking. 

 

https://casedocs.omniagentsolutions.com/cmsvol2/pub_47373/95089527-7d85-4e92-b5ac-57f1c41f9158_10944.pdf

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