- 11 U.S.C.
In re Puff
Mar
23
2012
Ruling
Confirmation denied on feasibility grounds due to undervalued real property and inability to generate meaningful cash reserves.
Procedural posture
Four secured creditors filed objections to the confirmation of chapter 11 debtor's third amended plan of reorganization. The debtor operated a large hog confinement facility with three barns that could each house at least thirteen hundred head of hog, and several parcels of real property.
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Court
:
- 11 U.S.C.
In re Las Vegas Monorail Co.
Nov
18
2011
Ruling
Monorail operator's proposed plan could not be confirmed on feasibility grounds.
Procedural posture
Debtor in possession, the owner and operator of a monorail that provided transportation between several hotels in Las Vegas, submitted a plan for reorganization which involved substantial refinancing.
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Court
:
- 11 U.S.C.
In re Calhoun
Aug
19
2011
Ruling
Plan funded by rental and consulting income approved over objection of secured creditors.
Procedural posture
Creditors filed objections to confirmation of the chapter 11 debtor's plan of reorganization (the Plan) under 11 U.S.C.S. §§ 1129(a)(11) and 1123(a)(5).
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Court
:
- 11 U.S.C.
In re Om Shivai Inc.
Apr
01
2011
Ruling
Case of debtor motel owner dismissed due to lack of feasibility,
Procedural posture
Chapter 11 debtor filed a Small Business Disclosure Statement and Small Business Plan. The United States Trustee (UST) filed a motion to dismiss, which was joined by a creditor.
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Court
:
- 11 U.S.C.
In re Mayslake Village-Plainfield Campus Inc.
Dec
07
2010
Ruling
Plan confirmation denied on lender's objection on feasibility grounds.
Procedural posture
A secured lender of Chapter 11 debtor objected to confirmation of the debtor's plan of reorganization on the grounds that the plan did not comply with the applicable requirements of 11 U.S.C.S. § 1129. The lender also filed a motion for relief from the automatic stay pursuant to 11 U.S.C.S. § 362(d)(2) and (d)(3) in order to allow the lender to proceed with a mortgage foreclosure action against the debtor's property.
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Court
:
- 11 U.S.C.
In re Fairview Club Props. LLC
Nov
02
2010
Ruling
Confirmation of three identical plans filed in three separate cases denied on feasibility grounds.
Procedural posture
This matter came before the court on confirmation of debtors' chapter 11 Amended Plans of Reorganization dated October 4, 2010. Pending was a creditor's objection to confirmation in all three cases.
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Court
:
- 11 U.S.C.
In re Sunrise Hospitality LLC
Aug
06
2010
Ruling
Confirmation denied for lack of feasibility due to insufficient interest payments, final balloon payment and apparent inability to meet expenses.
Procedural posture
A confirmation hearing was held on a chapter 11 debtor's plan of reorganization pursuant to 11 U.S.C.S. § 1129 and other applicable provisions of the Bankruptcy Code.
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Court
:
- 11 U.S.C.
In re Budryk
Dec
03
2009
Ruling
Mortgagee's feasibility objection to plan confirmation sustained.
Procedural posture
A bankruptcy debtor who owned rental properties proposed a reorganization plan but the mortgagee of the properties objected to confirmation of the plan on the ground that the plan was not feasible as required by 11 U.S.C.S. § 1129(a)(11).
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Court
:
- 11 U.S.C.
In re Am. Trailer & Storage Inc.
Nov
09
2009
Ruling
Confirmation granted over creditor's objection to cramdown.
Procedural posture
In this chapter 11 case, the debtor filed a first amended plan of reorganization and the debtor's largest secured creditor, a bank, voted against the plan and filed an objection to confirmation.
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Court
:
- 11 U.S.C.
In re Southland Invs. Inc.
Jul
02
2009
Ruling
Confirmation denied where plan relied on collection of speculative rent from tenants not subject to written leases.
Procedural posture
A debtor filed a voluntary petition commencing its bankruptcy case under chapter 11 of the Bankruptcy Code. The debtor filed a restated first amended plan of reorganization along with a restated first amended disclosure statement. A creditor filed an objection to the plan of reorganization.
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Court
: