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§ 1125(b)

Tonawanda Coke Corp., In re

Aug
27
2024
Ruling
Mere ability to opt out of release of non-debtors did not establish consent of affected creditors. (Bankr. W.D.N.Y.)
Issue(s)
Postpetition Disclosure and Solicitation; Transmittal of Plan and Disclosure Statement.

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Commercial opinion summary, case decided on August 27, 2024 , LexisNexis #1124-046
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Tara Retail Grp., Inc., In re

Jan
03
2018
Ruling
Court ruled that the settlement agreed upon was not to be considered an impermissible lock-up agreement as the claim objection part of the settlement could essentially stand on its own even without needing the agreement to vote in favor of the plan of the debtor. (Bankr. N.D. W. Va.)
Issue(s)
Postpetition Disclosure and Solicitation; Transmittal of Plan and Disclosure Statement.

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Commercial opinion summary, case decided on January 03, 2018 , LexisNexis #0218-108
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Conco, Inc., In re--Harper v. Oversight Comm.

Apr
28
2017
Ruling
Bankruptcy court did not abuse its discretion when it found that the chapter 11 plan's disclosure statement did not show the absence of a restriction on third party sales. (6th Cir.)
Issue(s)
Postpetition Disclosure and Solicitation; Transmittal of Plan and Disclosure Statement.

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on April 28, 2017 , LexisNexis #0517-140
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In re Heritage Org. LLC

Aug
31
2007
Ruling
Motion for designation of votes of creditors who were party to settlement denied.
Procedural posture

The moving parties sought an order, pursuant to 11 U.S.C. §§ 1125(b) and 1126(e), designating and disallowing votes of client claimants on the ground that the votes were solicited prior to transmittal of a court-approved disclosure statement in violation of 11 U.S.C. § 1125(b).

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opinion summary, case decided on August 31, 2007 , LexisNexis #1007-029
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In re Kiklis

Sep
26
2006
Ruling
Objection to disclosure statement sustained for failure to provide unsecured or undersecured creditors with sufficient information about treatment of claim.
Procedural posture

Debtor filed a disclosure statement in connection with a bankruptcy petition under chapter 11. A creditor objected to the disclosure statement on the grounds that it failed to adequately describe and address the creditor's undersecured claim. The court held a hearing on the objection. The creditor then moved to confirm that it held an unsecured claim.

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opinion summary, case decided on September 26, 2006 , LexisNexis #1206-033
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