§ 1129(a)

In re Chadda

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.
Ruling: 
Case dismissed due to debtor's failure to propose confirmable non-speculative plan.
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Commercial case opionion summary, case decided on November 09,2007, LexisNexis #0108-124

In re South Beach Secs. Inc.

The U.S. Trustee objected to the confirmation of a chapter 11 debtor's plan on the grounds that no impaired, non-insider creditor class had accepted the plan, as 11 U.S.C. § 1129(a)(10) required, and that the principal purpose of the plan was avoidance of taxes in violation of section 1129(d).
Ruling: 
Corporate shell debtor with insider as sole creditor denied plan confirmation.
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Commercial case opionion summary, case decided on November 01,2007, LexisNexis #1107-104

Whispering Pines Estates Inc. v. Flash Island Inc.

Appellant debtor challenged an order of the Bankruptcy Court for the District of New Hampshire confirming the third-party plan put forth by appellee, its secured creditor.
Ruling: 
Confirmation of third party plan reversed due to improper release of secured creditor proponent.
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In re Frascella Enters. Inc.

A bankruptcy debtor who operated check cashing retail stores proposed a reorganization plan which provided for the debtor to merge with its subsidiary which previously acquired the debtor's payday loan portfolio, and the subsidiary would be the surviving entity. The debtor requested confirmation of its plan, and a putative class of consumers who obtained payday loans from the debtor were the sole objectors to confirmation.
Ruling: 
Confirmation of plan proposed by debtor check cashing business denied on grounds of bad faith.
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In re Vita Corp.

A debtor filed a motion to confirm its chapter 11 plan of reorganization.
Ruling: 
Creditors' failure to return ballot rejecting plan did not constitute deemed acceptance.
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In re Trans Max Techs. Inc.

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.
Ruling: 
Plan lacked feasibility due to reliance on debtor's implausible development of a flying car within three years.
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In re JRV Indus. Inc.

Debtor filed an amended chapter 11 plan of reorganization. The court held a confirmation hearing.
Ruling: 
Court denied chapter 11 plan of reorganization since it did not have reasonable assurance of success from reorganization.
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In re Proud Mary Marina Corp.

Debtor, the operator of a mobile home park, and a proposed purchaser each presented a competing chapter 11 plan of reorganization. Debtor also moved for estimation of application for payment of the administrative expense claims of the proposed purchaser. The contestants disputed whether the plans satisfied the "good faith" requirement and the "feasibility" requirements set forth in 11 U.S.C. § 1129(a)(3) and (11).
Ruling: 
Purchaser of debtor's property's chapter 11 plan was confirmable while the debtor's plan was not confirmable since it failed good faith and feasibility requirements.
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