- 11 U.S.C.
Thomas Orthodontics, S.C., In re
Sep
25
2024
Ruling
Creditor's failure to return ballot cannot be deemed acceptance of a Chapter 11 plan. (Bankr. E.D. Wis.)
Issue(s)
Acceptance of Plan.
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Court
:
Hot'z Power Wash, Inc., In re
Nov
07
2023
Ruling
Subchapter V debtor could not treat nonvoting creditors as having accepted the plan. (Bankr.S.D. Tex.)
Issue(s)
Acceptance of Plan; By Class of Claims.
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Court
:
Bressler, In re
Jan
13
2021
Ruling
Court determined that it would count only those votes accepting or rejecting the Chapter 11plan cast by claim holders to determine if numerosity requirements had been met. (Bankr.S.D. Tex.)
Issue(s)
Acceptance of Plan; By Class of Claims.
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:
Affordable Auto Repair, Inc., In re
Sep
02
2020
Ruling
Motion for the approval of Chapter 11 disclosure statement was granted with all rightsreserved to the United States Trustee and any interested party to take appropriate action.(Bankr. C.D. Cal.)
Issue(s)
Acceptance of Plan; Lack of Good Faith.
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:
Elevated Analytics Holdings, LLC, In re
Dec
12
2019
Ruling
Plan was confirmed as votes of the impaired classes were sufficient to deem each class to haveaccepted the plan. (Bankr. D. Utah)
Issue(s)
Acceptance of Plan; By Class of Claims.
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:
Fagerdala USA-Lompoc, Inc., In re--Pac. W. Bank v. Fagerdala USA-Lompoc, Inc.
Jun
04
2018
Ruling
Bankruptcy court erred when it refused to analyze whether the secured creditor acted under an ulterior motive beyond its mere enlightened self-interest in protecting its secured claim. (9th Cir.)
Issue(s)
Acceptance of Plan; Lack of Good Faith.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Archdiocese of St. Paul & Minneapolis, In re
Dec
28
2017
Ruling
Confirmation of debtor's plan was denied because the class of sexual abuse victims hadoverwhelmingly rejected debtor's plan. (Bankr. D. Minn.)
Issue(s)
Acceptance of Plan.
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Court
:
In re Sandia Resorts, Inc.
Nov
04
2016
Ruling
Agreement between secured creditor plan proponent and unsecured creditor whose supportthe proponent sought was not grounds for rejection of the unsecured creditor’s vote. (Bankr.D.N.M.)
Issue(s)
Acceptance of Plan; Lack of Good Faith.
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Court
:
( Judge Jacobvitz ) [ Bankruptcy Court ]
In re Monticello Realty Invs. LLC
Mar
06
2015
Ruling
Ballots of bank that acted in good faith in opposing plan confirmation could not be disqualified from tabulation.
Issue(s)
Could ballots of creditor bank be discounted from final tally in confirmation vote due to alleged bad faith in opposing confirmation?
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Court
:
In re LichtinWade LLC
Dec
18
2012
Ruling
Votes cast in favor of plan by nonstatutory insider of debtor would not be counted.
Procedural posture
Debtor limited liability company ("LLC") filed a petition under chapter 11 of the Bankruptcy Code and operated its business renting commercial real estate as a debtor-in-possession. The debtor proposed a plan for reorganizing its business, and a secured creditor asked the court to disallow votes that were cast in favor of the plan by another creditor. The court held a hearing on the creditor's motion.
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Court
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