Examples of Prior Bankruptcy Cases in a sentence
Consistent with the terms of the Prior Bankruptcy Plan, to the extent any Prior Bankruptcy Claim becomes fixed, liquidated, and allowed in in the Prior Bankruptcy Cases, the Holder thereof shall be deemed to have an Allowed Prior Bankruptcy Equity Interest against the Debtors in a share total equal to the amount of the allowed Prior Bankruptcy Claim divided by $31.418.
All individual proofs of claim asserting claims subsumed within or similar to the 2016 Class Proof of Claim, including but not limited to Claim #1207, Claim #1208, Claim #1209, Claim #1210, and Claim #1213, shall be withdrawn from the Prior Bankruptcy Cases, but may be submitted to the Settlement Administrator for the purpose of determining any entitlement to a distribution in accordance with the 2020 Plan.
Moreover, since the Settlement Class Members’ claims arising on or prior to the date on which the Prior Bankruptcy Cases were commenced were discharged and barred as a result of the Bankruptcy Court’s confirmation of the Prior Bankruptcy Plan, Settlement Class Members would have no recourse outside of the Settlement to obtain any recovery on account of those claims above and beyond what may be provided for on account of the 2016 Class Proof of Claim.
Prior Bankruptcy Cases Filed by the Debtor and Affiliates of the Debtors On May 9, 2016, the entities listed below filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware.
IN WITNESS WHEREOF, this Agreement has been executed on behalf of the parties by their duly authorized representatives as of the date first written above.
Further, the Bankruptcy Court previously overruled an objection to the 2016 Class Proof of Claim filed in the Prior Bankruptcy Cases, and that decision was upheld by the Delaware District Court.
On November 5, 2019, the Debtors appealed the Delaware District Court’s decision to the United States Court of Appeals for the Third Circuit (the “Third Circuit” and the proceeding initiated therein, the “Third Circuit Appeal”),asserting that the Oklahoma District Court erred in affirming the Bankruptcy Court’s order overruling the Debtors’ Claim Objection and directing the application of Bankruptcy Rule 7023 (and, by extension, Civil Rule 23) to the Prior Bankruptcy Cases.
While the class certification motion was pending before the Oklahoma District Court, Defendant and certain of its affiliates initiated the Prior Bankruptcy Cases in this Court.
Because it is reasonably foreseeable that the Class Representative would object to a confirmation of the Debtors’ restructuring plan absent the Settlement, and because there continue to be pending proceedings concerning the 2016 Class Proof of Claim in the Prior Bankruptcy Cases, Bankruptcy Rule 9014, governing contested matters, applies.
On August 15, 2016, the Class Representative filed the 2016 Class Proof of Claim in the Prior Bankruptcy Cases, which was later amended on February 16, 2017.