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§ 1126(c)

Hot'z Power Wash, Inc., In re

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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Commercial opinion summary, case decided on November 07, 2023 , LexisNexis #0124-020

Bressler, In re

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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Consumer opinion summary, case decided on January 13, 2021 , LexisNexis #0221-068

Elevated Analytics Holdings, LLC, In re

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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Commercial opinion summary, case decided on December 12, 2019 , LexisNexis #0120-066

In re LichtinWade LLC

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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Commercial opinion summary, case decided on December 18, 2012 , LexisNexis #0113-028

In re G & C Foundry Co.

Ruling
Court refused to strike union's ballot in favor of debtor's plan even though preventing acceptance of competing plan.
Procedural posture

In a chapter 11 case, two competing liquidation plans were presented, one by the debtor and one by the Official Committee of Unsecured Creditors (Creditors' Committee). The Creditors' Committee sought an order pursuant to 11 U.S.C.S. § 1126(c) striking the plan ballot of a union that accepted the debtor's plan.

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Commercial opinion summary, case decided on October 09, 2008 , LexisNexis #1208-024

In re Bennett

Ruling
Plan confirmed over objection of judgment creditor against which debtor had filed avoidance proceeding.
Procedural posture

Debtor filed a voluntary petition under chapter 11 of the Bankruptcy Code, and an amended reorganization plan. A creditor filed an objection to the debtor's plan.

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Consumer opinion summary, case decided on April 23, 2008 , LexisNexis #0708-015

In re Quigley Co.

Ruling
Reduction of asbestos claims to 90% resulted in dilution of claimants'votes and prevented consensual plan confirmation.
Procedural posture

The debtor and its non-debtor parent company sought to confirm the debtor's third amended plan of reorganization under chapter 11 to deal with their asbestos-related liability. The holders of unfiled and unliquidated asbestos-related personal injury claims (claimants) voted to accept or reject the plan.

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opinion summary, case decided on August 09, 2006 , LexisNexis #0906-033

In re Dynamics

Ruling
Chapter 11 plan was denied confirmation since less than the required two-thirds of claims holders accepted the plan.
Procedural posture

The debtor moved for confirmation of its chapter 11 plan.

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opinion summary, case decided on March 30, 2006 , LexisNexis #0406-136