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§ 1129(a)(11)

In re Milford Conn. Assocs. LP

Ruling
Reconfirmation of plan, original confirmation of which was vacated, denied due to failure to satisfy feasibility requirement.
Procedural posture

A debtor filed for relief under chapter 11 of the Bankruptcy Code. The debtor submitted a proposed plan of reorganization for confirmation.

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Commercial opinion summary, case decided on March 10, 2008 , LexisNexis #0408-137

In re Mountain Highlands LLC

Ruling
Plan confirmation denied due to feasibility concerns and debtor's material misstatements regarding postpetition debts.
Procedural posture

A creditor objected to the confirmation of a debtor's modified restated plan of reorganization.

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Commercial opinion summary, case decided on December 14, 2007 , LexisNexis #0208-052

In re Chadda

Ruling
Case dismissed due to debtor's failure to propose confirmable non-speculative plan.
Procedural posture

A chapter 11 debtor sought confirmation of an amended reorganization plan. Creditors of the debtor and the United States trustee objected on the grounds that the plan did not meet the feasibility requirement of 11 U.S.C. § 1129(a)(11). One of the creditors also filed a motion to dismiss the debtor's case pursuant to 11 U.S.C. § 1112.

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Commercial opinion summary, case decided on November 09, 2007 , LexisNexis #0108-124

In re Trans Max Techs. Inc.

Ruling
Plan lacked feasibility due to reliance on debtor's implausible development of a flying car within three years.
Procedural posture

Debtor filed a voluntary petition for chapter 11 bankruptcy, and thereafter served as debtor in possession. Before the court was debtor's request for plan confirmation. The Office of the United States Trustee ("UST") objected, as did two creditor groups.

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opinion summary, case decided on August 15, 2006 , LexisNexis #0107-102