§ 1129(a)(3)

SE Prop. Holdings LLC v. Seaside Engg & Surveying (In re Seaside Engg & Surveying)

Ruling: 
Plan including releases of claims against third parties properly confirmed.
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Commercial case opionion summary, case decided on March 12,2015, LexisNexis #0415-024

In re SLC Inn LLC

Ruling: 
Plan confirmed as fair, equitable, feasible and satisfying the necessary requirements of the Bankruptcy Code.
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Commercial case opionion summary, case decided on January 30,2015, LexisNexis #0215-133

In re W.R. Grace & Co.

Ruling: 
Plan that required hospital to submit asbestos claim to property damage trust was proposed in good faith, was feasible and did not provide unequal treatment to creditors.
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Commercial case opionion summary, case decided on September 04,2013, LexisNexis #0913-130

In re Val-Mid Assocs. LLC

In this chapter 11 action, the debtor sought confirmation of its liquidating plan of reorganization.
Ruling: 
Confirmation denied and case converted to chapter 7 where plan did not provide for recovery of preferences and fraudulent transfers.
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Commercial case opionion summary, case decided on June 14,2013, LexisNexis #0713-129

In re Williams Love OLeary & Powers P.C.

A law firm declared chapter 11 bankruptcy, and an attorney the firm hired to work on cases involving pain pumps filed secured claims against the firm's bankruptcy estate. The attorney filed objections to confirmation of the firm's bankruptcy plan, and the court held a hearing on the plan and the attorney's objections.
Ruling: 
Debtor law firm not required to provide for alternative treatment of claim, the unsecured status of which was on appeal, in plan.
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Commercial case opionion summary, case decided on August 31,2012, LexisNexis #1012-064

Search Mkt. Direct Inc. v. Jubber (In re Paige)

Postpetition buyer of a debtor's Domain Name (DM) appealed the U.S. District Court for the District of Utah's affirmance of a bankruptcy court's orders confirming a Joint Plan (JP) filed by appellees, a Liquidating Trustee (LT) and a competitor (CP), and affirmance of an Adversary Proceeding (AP) ruling against the buyer for turnover of the DN to the LT, who was obligated to transfer it to the CP under an Asset Purchase Agreement (APA).
Ruling: 
Plan confirmation affirmed as necessity for trustee to convey debtor's domain name to competitor of buyer who violated stay did not create a conflict.
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Consumer case opionion summary, case decided on July 16,2012, LexisNexis #0812-029

Behrmann v. Natl Heritage Found. Inc.

A bankruptcy court approved release provisions as to appellee debtor's officers and directors and confirmed a chapter 11 Plan. The U.S. District Court for the Eastern District of Virginia affirmed. Appellant creditors were denied stays and appealed, arguing the Plan was not proposed in good faith as required by 11 U.S.C.S. § 1129(a)(3), and 11 U.S.C.S. § 524(e), as to discharges for third parties foreclosed approval of the release provisions.
Ruling: 
Affirmation of plan confirmation vacated due to third party release provisions absent supporting factual findings by bankruptcy court.
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Commercial case opionion summary, case decided on December 09,2011, LexisNexis #0112-029

In re Pittsburgh Corning Corp.

Debtor corporation filed a petition under Chapter 11 of the Bankruptcy Code, and the debtor, a committee of asbestos creditors, and a future claimants' representative ("Plan Proponents") asked the court to confirm the debtor's Modified Third Amended Plan. An insurer, individuals who claimed they were injured as a result of exposure to asbestos, and an LLC filed objections to the plan.
Ruling: 
Confirmation denied as proposed injunction channeling funds into asbestos-related claims trust was too broad.
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Commercial case opionion summary, case decided on June 16,2011, LexisNexis #0711-069

In re Gyro-Trac (USA) Inc.

A creditor of Chapter 11 debtor (objecting creditor) objected to confirmation of the debtor's plan. The debtor filed motions to consolidate its case with the associated bankruptcy cases of two related entities. The creditor filed a motion to prohibit the continued use of cash collateral and motions for relief from stay with respect to the debtor and one of the related entities.
Ruling: 
Plan confirmed over creditor's objection as feasible and paying unsecured creditor significantly more than they would receive in chapter 7.
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Commercial case opionion summary, case decided on December 22,2010, LexisNexis #0111-095

In re AbitibiBowater Inc.

In this Chapter 11 case, the debtors filed a request for confirmation of their Second Amended Joint Plan of Reorganization (the Plan). Objections to the Plan were filed, including a lack of good faith objection under 11 U.S.C.S. § 1129(a)(3).
Ruling: 
Decision not to pursue fraudulent transfer proceeding against investor did not give rise to lack of good faith.
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Commercial case opionion summary, case decided on November 22,2010, LexisNexis #1210-061

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