LAW 794 Lecture Notes - Lecture 6: In Personam, Enumerated Powers
30 Mar 2020
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After a debtor"s reorganization plan has been confirmed, the debtor"s estate, and thus bankruptcy jurisdiction, ceases to exist, other than for matters pertaining to the implementation or execution of the plan the penultimate event in estate administration. In personam jdx essentially ceases w/creation of reorganized dr. Courts have agreed that there is post-confirmation jdx over any issue interpreting/implementing/executing the plan. Some courts have found a "related to" nexus to bk case w/respect to post-petition/pre-confirmation suits even if not pending on date of confirmation. Some courts have tried to apply pacor/7th cir. tests to post- confirmation proceedings, but it"s awkward and not really relevant. 7, has pre-petition tort action against third party. When petition is filed, this action is property of estate, so ttee succeeds. Under state law, proceeds of this suit are exempt from cr execution. No, b/c its exempt, goes to individual dr, not estate. Brubaker doesn"t think these two concepts are distinct.
