- 13 - explained that “At confirmation, all the property of the estate is vested in the debtor, thereby terminating the estate’s existence, although the court has continued jurisdiction under section 1142 to oversee the plan’s execution.” Id. at 372 (fn. ref. omitted). The principle that an estate terminates upon confirmation of the plan of reorganization is one that is widely held amongst the bankruptcy courts. See, e.g., In re Walker, 198 Bankr. 476 (Bankr. E.D. Va. 1996); Cook v. Chrysler Credit Corp., 174 Bankr. 321 (M.D. Ala. 1994); In re Mold Makers, Inc., 124 Bankr. 766 (Bankr. W.D. Ill. 1990); Marine Iron & Shipbuilding Co. v. City of Duluth, 104 Bankr. 976 (D. Minn. 1989); In re Tri- L Corp., 65 Bankr. 774 (Bankr. D. Utah 1986). In a similar vein, it was held in Gen. Elec. Credit Corp. v. Nardulli & Sons, Inc., 836 F.2d 184, 190 (3d Cir. 1988), that “Insolvency proceedings terminate upon confirmation of a plan of reorganization, or on the effective date or consummation date of the plan, if provided for in the plan.” The specific issue considered in that chapter 11 bankruptcy proceeding was whether a creditor’s perfected security interest had expired. As a threshold to the primary issue, the court had to decide when the insolvency proceeding terminated. Likewise, it was held that a bankruptcy court’s postconfirmation jurisdiction was limited to matters concerning the operation of the confirmed plan and did not extend toPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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