- 11 U.S.C.
In re Special Educ. Solutions, Inc.
Oct
25
2016
Ruling
Confirmation of debtor's plan denied as it did not have an impaired class voting in favor ofthe plan. (Bankr. W.D. Ark.)
Issue(s)
Confirmation of Plan; Requirements; Acceptance by at Least One Impaired Class.
ABI Membership is required to access the full summary of In re Special Educ. Solutions, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Rexford Props., LLC
Sep
07
2016
Ruling
Creditors investment trust and limited partnership were insiders that could not vote ondebtor’s plan. (Bankr. C.D. Cal.)
Issue(s)
Whether creditors, a trust and partnership were insiders for purposes of voting for a chapter 11 plan?
ABI Membership is required to access the full summary of In re Rexford Props., LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Sabbun
Aug
22
2016
Ruling
Amended plan not approved by at least one class of impaired creditors could not be approved.(Bankr. C.D. Ill.)
Issue(s)
Could chapter 11 plan be confirmed where debtor failed to obtain the affirmative vote of a single impaired class of creditors?
ABI Membership is required to access the full summary of In re Sabbun Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Village Green I, GP v. Fannie Mae (In re Village Green I, GP)
Jan
27
2016
Ruling
Confirmation of plan that was not proposed in good faith properly reversed. (6th Cir.)
Issue(s)
Did the district court err in reversing confirmation of chapter 11 plan for being proposed in bad faith?
ABI Membership is required to access the full summary of Village Green I, GP v. Fannie Mae (In re Village Green I, GP) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Grasslawn Lodging LLC v. Transwest Resort Props.
Sep
15
2015
Ruling
Substantial completion of plan did not create a presumption that lender's objection to chapter 11 plan equitably moot.
Issue(s)
Whether a lender's objections to a bankruptcy reorganization plan were equitably moot and not reviewable because the plan had been implemented.
ABI Membership is required to access the full summary of Grasslawn Lodging LLC v. Transwest Resort Props. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Heritage Bank v. Woodward (In re Woodward)
Aug
13
2015
Ruling
Confirmation order reversed in individual chapter 11 case due to violation of the absolute priority rule.
Issue(s)
Whether the absolute priority rule applies to individual debtors in chapter 11 and whether the value of the property to be distributed under the plan is less than the debtor's disposable income?
ABI Membership is required to access the full summary of Heritage Bank v. Woodward (In re Woodward) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Akinpelu
May
01
2015
Ruling
Plan confirmation in individual chapter 11 debtor's case denied due to violation of the absolute priority rule in creating classes of claims.
Issue(s)
Whether separate classification of unsecured claimants is permissible in a chapter 11 plan of reorganization in order to create an impaired, consenting class and whether the absolute priority rule is applicable post-BAPCPA in chapter 11 cases where the debtor is an individual?
ABI Membership is required to access the full summary of In re Akinpelu Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Akbari-Shamirzadi
Oct
22
2014
Ruling
Confirmation denied where only vote received rejected debtor's plan.
Issue(s)
Was debtor's chapter 11 plan confirmable where only one vote was received and that vote opposed confirmation?
ABI Membership is required to access the full summary of In re Akbari-Shamirzadi Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Neogenix Oncology Inc.
Mar
11
2014
Ruling
Confirmation denied due to non-essential provision releasing third-party claims against debtor's officers and directors.
Issue(s)
Could plan including release of third party claims against debtor's officers and directors, who held indemnification claims against debtor, be confirmed?
ABI Membership is required to access the full summary of In re Neogenix Oncology Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re All Land Invs. LLC
Mar
09
2012
Ruling
Confirmation denied where no impaired class voted to accept plan.
Procedural posture
A bankruptcy debtor proposed a plan of liquidation which provided that the debtor would transfer a residential subdivision property to a creditor secured by the property in satisfaction of the creditor's claim. The creditor objected to confirmation of the debtor's plan on the ground that no impaired class voted to accept the plan as required by 11 U.S.C.S. § 1129(a)(10) for a non- consensual confirmation.
ABI Membership is required to access the full summary of In re All Land Invs. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: