Case Summary:
A Chapter 11 debtor’s confirmed plan contained a provision obligating the Debtor to execute a deed to specified property in the event of a default and a failure to cure. The Court had jurisdiction over a creditor’s motion to compel such a transfer. The motion “arose in” a case under title 11. The Court had the authority under section 1142(b) to order the transfer of the deed. It previously found the plan had not been “substantially consummated,” and in any event, section 1142(b) does not reference acts necessary for “substantial consummation” of the plan but rather for “consummation.” The Court determined permissive abstention was not warranted and ordered the transfer.
Statute/Rule References:
11 U.S.C. § 1142(b) -- Implementation of Plan
Key Terms:
Implementation of Plan