Debtor Actions definition

Debtor Actions means any and all claims, causes of action, and enforceable rights of the Debtor against third parties (other than Insurance Debtor Actions) including, without limitation, claims of the Debtor for recovery of or based upon or in any manner arising from or related to damages, general or exemplary (or both), or other relief relating to (or based upon) (a) indebtedness owing to the Debtor, (b) fraud, negligence, gross negligence, willful misconduct, or any other tort actions, (c) breaches of contract, (d) violations of federal or state securities laws, (e) violations of applicable corporate laws, (f) breaches of fiduciary or agency duties, (g) disregard of the corporate form or piercing the corporate veil or other liability theories, and (h) any other claim of the Debtor to the extent not specifically compromised or released pursuant to this Plan or an agreement referred to, or incorporated into this Plan.
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Debtor Actions means any and all claims, causes of action, and enforceable
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Debtor Actions means objections to Claims under the appropriate provisions of the Bankruptcy Code and applicable law incorporated therein and any and all other claims, causes of action, demands, and enforceable rights of the Trustee, the Debtor or the Estate against any Person, including, but not limited to, Claims of the Trustee, the Debtor or the Estate: a) for recovery or avoidance, as the case may be, of 1) obligations, transfers of property or interests in property, offsets, debt forgiveness, Cash, and other types or kinds of property or interests in property (or the value thereof), recoverable or avoidable pursuant to ss.ss. 542, 543, 544, 545, 547, 548, 549, 550 and 553 of the Bankruptcy Code, 2) damages, general or exemplary (or both), or other relief, relating to
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Examples of Debtor Actions in a sentence

  • The Reorganized Debtor will (i) review all Claims filed against the estate (other than Personal Injury Claims and Other Claims assumed by the Litigation Facility) and, if advisable, object to such Claims; and (ii) investigate, prosecute, settle, or dismiss all Debtor Actions and its retained interest in Insurance Debtor Actions for the benefit of the Reorganized Debtor.

  • Except as otherwise provided in this Plan, the Bankruptcy Court shall retain subject matter jurisdiction to the fullest extent permitted by law to hear and determine all Claims against the Debtor or the Estate and to adjudicate and enforce the Debtor Actions and all other causes of action which may exist on behalf of the Debtor or the Reorganized Debtor.

  • Such Debtor Actions shall be so vested free and clear of all liens, security interests and other claims or causes of action.

  • Except for those Debtor Actions which may be compromised and settled pursuant to this Plan, the Debtor Actions shall be preserved and retained by the Reorganized Debtor for enforcement subsequent to the Confirmation of this Plan, and on the Effective Date, such actions shall be assigned to and be vested in the Reorganized Debtor, as a "representative" of the Estate, appointed by the Bankruptcy Court for such purposes within the meaning of Section 1123(b)(3)(B) of the Bankruptcy Code.

  • All Debtor Actions and, except to the extent the same are transferred to the Settlement Facility or the Litigation Facility, all Insurance Debtor Actions are hereby preserved for the benefit of the Reorganized Debtor, the proceeds of which shall be used, as necessary for funding obligations to either the Settlement Facility or the Litigation Facility, except as otherwise provided in settlements approved by prior order of the Court or approved by the Court in connection with confirmation of this Plan.

  • Prosecution and settlement of the Debtor Actions shall be the exclusive responsibility of the Trust which may pursue or settle the Debtor Actions in the name of the Debtor, or in the name of the Committee, as the case may be.

  • Prosecution and settlement of the Debtor Actions and the retained interest in any Insurance Debtor Actions shall be the exclusive responsibility of the Reorganized Debtor.

  • Case No. 19 CV Case Code: 30304 Other Debtor Actions ORDER APPOINTING RECEIVER Based upon the Assignment for the Benefit of Creditors signed on November 5, 2019, and the Petition for Appointment of Receiver pursuant to Wis.

  • As provided in the Plan, all Debtor Actions are hereby preserved for the benefit of the Trust.

  • Venue for all matters relating to the Plan and the Plan Documents, Claims, Interests, the Debtor, the Reorganized Debtor, the Trustee, the Estate, the Debtor Actions, and for all matters for which exclusive jurisdiction is retained by the Bankruptcy Court under this Plan shall be in the District of Utah, Central Division.


More Definitions of Debtor Actions

Debtor Actions means any and all claims, causes of action, and enforceable rights of the Debtor against third parties (other than Insurance Debtor Actions) including, without limitation, claims of the Debtor for recovery of or based upon or in any manner arising from or related to damages, general or exemplary (or both), or other relief relating to (or based upon) (a) indebtedness owing to the Debtor,
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Related to Debtor Actions

  • Bankruptcy Proceedings has the meaning set forth in clause (b) of paragraph 9 hereof.

  • Bankruptcy Cases has the meaning set forth in the Recitals.

  • CCAA Proceedings means the proceedings commenced by the Applicant under the CCAA as contemplated by the Initial Order;

  • Bankruptcy Case has the meaning assigned to such term in Section 2.05(b).

  • Debtor Laws means all applicable liquidation, conservatorship, bankruptcy, moratorium, arrangement, receivership, insolvency, reorganization, or similar laws, or general equitable principles from time to time in effect affecting the rights of creditors generally.

  • Bankruptcy Proceeding means any case, action or proceeding before any court or other Governmental Authority relating to any Bankruptcy Event.

  • Other Priority Claims means any Claim, other than an Administrative Claim or a Priority Tax Claim, entitled to priority in right of payment under section 507(a) of the Bankruptcy Code.

  • Related Claims means all Claims for Wrongful Acts based upon, arising out of, resulting from, or in any way involving the same or related facts, circumstances, situations, transactions or events or the same or related series of facts, circumstances situations, transactions or events, whether related logically, causally or in any other way.

  • Chapter 11 Case has the meaning set forth in the Recitals.

  • Avoidance Actions means any and all avoidance, recovery, subordination, or other claims, actions, or remedies that may be brought by or on behalf of the Debtors or their Estates or other authorized parties in interest under the Bankruptcy Code or applicable non-bankruptcy law, including actions or remedies under sections 502, 510, 542, 544, 545, 547 through 553, and 724(a) of the Bankruptcy Code or under similar or related state or federal statutes and common law, including fraudulent transfer laws.

  • Chapter 11 Cases means (a) when used with reference to a particular Debtor, the case pending for that Debtor under chapter 11 of the Bankruptcy Code in the Bankruptcy Court and (b) when used with reference to all the Debtors, the procedurally consolidated chapter 11 cases pending for the Debtors in the Bankruptcy Court.

  • winding-up proceedings means collective proceedings involving realisation of the assets and distribution of the proceeds among the creditors, shareholders or members as appropriate, which involve any intervention by administrative or judicial authorities, including where the collective proceedings are terminated by a composition or other analogous measure, whether or not they are founded on insolvency or are voluntary or compulsory;

  • Other Actions means any other actions or proceedings, excluding the Proceedings, relating to Released Claims commenced by a Settlement Class Member either before or after the Effective Date.

  • DIP Facility Claims means all Claims held by the DIP Facility Agent and the DIP Facility Lenders pursuant to the DIP Facility Agreements and the Final DIP Order.

  • Insolvency Proceedings means, with respect to any Person, any case or proceeding with respect to such Person under U.S. federal bankruptcy laws or any other state, federal or foreign bankruptcy, insolvency, reorganization, liquidation, receivership or other similar laws, or the appointment, whether at common law, in equity or otherwise, of any trustee, custodian, receiver, liquidator or the like for all or any material portion of the property of such Person.

  • Secured Claims means Claims held by “secured creditors” as defined in the CCAA, including Construction Lien Claims, to the extent of the Allocated Value of the Property securing such Claim, with the balance of the Claim being a Deficiency Claim, and amounts subject to section 6(6) of the CCAA;

  • Subsidiary Debtors means, collectively, Congoleum Sales, Inc. and Congoleum Fiscal, Inc.

  • Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

  • First Lien Claims means, collectively, Claims against the Debtors arising under the Prepetition Term Loan Agreement.

  • Non-Debtor Subsidiaries means all direct and indirect subsidiaries of any Debtor that are not Debtors in the Chapter 11 Cases.

  • Legal Action means and includes any claim, counterclaim, demand, action, suit, counterclaim, arbitration, inquiry, proceeding or investigation before any

  • Subordinated Claims shall have the meaning set forth in Section 3.6(c)(i) hereof.

  • Protective proceeding means a proceeding under the provisions of part 4 of article V.

  • Intercompany Claims means, collectively, any Claim held by a Debtor against another Debtor.

  • Tax Claims means any Claim against the Participating CCAA Parties (or any one of them) for any Taxes in respect of any taxation year or period ending on or prior to the applicable Filing Date, and in any case where a taxation year or period commences on or prior to the applicable Filing Date, for any Taxes in respect of or attributable to the portion of the taxation period commencing prior to the applicable Filing Date and up to and including the applicable Filing Date. For greater certainty, a Tax Claim shall include, without limitation, (a) any and all Claims of any Taxing Authority in respect of transfer pricing adjustments and any Canadian or non- resident Tax related thereto, and (b) any Claims against any BL/Wabush Released Party in respect of such Taxes;

  • Litigation Claims means the claims, rights of action, suits or proceedings, whether in law or in equity, whether known or unknown, that any Debtor or any Estate may hold against any Person or Entity, including, without limitation, the Causes of Action of the Debtors or their Estates, in each case solely to the extent of the Debtors’ or their Estates’ interest therein. A non-exclusive list of the Litigation Claims held by the Debtors as of the Effective Date will be Filed with the Plan Supplement, which will be deemed to include any derivative actions filed against any Debtor as of the Effective Date.