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§ 1129(b)(1)

Tribune Co., In re

Ruling
Bankruptcy court did not err in approving cramdown plan over objections of senior noteholders as it did not unfairly discriminate among similarly situated creditors. (3d Cir.)
Issue(s)
Confirmation of Plan; Cramdown; Satisfaction of Requirements of Section 1129(a).

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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 26, 2020 , LexisNexis #1020-018

Eternal Enter., In re

Ruling
Court confirmed an LLC's second modified fifth amended plan as the reorganization plan wasfair and equitable because the real property debtor owned was worth far less than its debt.(Bankr. D. Conn.)
Issue(s)
Confirmation of Plan; Cramdown; Satisfaction of Requirements of Section 1129(a).

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Commercial opinion summary, case decided on April 13, 2017 , LexisNexis #0517-078

In re Walker

Ruling
Chapter 11 plan proposed in good faith after lengthy negotiations could be confirmed notwithstanding failure of five impaired creditors to cast ballots.
Issue(s)
Should second amended plan filed by chapter 11 debtors in possession be confirmed?

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Consumer opinion summary, case decided on May 26, 2015 , LexisNexis #0615-132

In re K&K Holdings LLC

Ruling
Plan could not be confirmed as rate of interest on crammed down loan was insufficient.
Issue(s)
Could plan proposing proposes to make payments on secured claim over ten years with interest at a cramdown rate on a 30 year amortization schedule, with creditor retaining liens, and payment of the full balance of the claim in ten years be confirmed?

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Commercial opinion summary, case decided on February 13, 2014 , LexisNexis #0314-065

In re Deming Hospitality LLC

Ruling
Amended disclosure statement could not be approved where plan was not confirmable.
Procedural posture

Two creditors, a bank and a federal agency, filed objections to chapter 11 debtor's amended disclosure statement, asserting it should not be approved because the debtor's reorganization plan was facially not confirmable, and they would vote to reject, and would object to, the plan.

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Commercial opinion summary, case decided on April 05, 2013 , LexisNexis #0513-029

In re Bridgeport Redevelopment Inc.

Ruling
Confirmation denied due to treatment of secured claim that was not fair or equitable.
Procedural posture

Secured creditor, which held a mortgage on debtor's real property, filed an objection with respect to its treatment of the claim under the chapter 11 plan, pursuant to 11 U.S.C.S. § 1111(b)(2). Debtor asserted that the treatment of the claim was fair and equitable under 11 U.S.C.S. § 1129(b)(1), because it provided the creditor with the indubitable equivalent of the secured claim.

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Commercial opinion summary, case decided on February 07, 2012 , LexisNexis #0312-059

Wells Fargo Bank v. Texas Grand Prairie Hotel Realty LLC (In re Texas Grand Prairie Hotel Realty LLC)

Ruling
Bankruptcy court finding that plan was proposed in good faith was not clearly erroneous.
Procedural posture

Appellee debtors' reorganization plan was approved by the United States Bankruptcy Court for the Northern District of Texas, Fort Worth Division. Appellant lender sought review.

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Commercial opinion summary, case decided on November 08, 2011 , LexisNexis #1111-129

In re Hendrix-Barnhill Co.

Ruling
Confirmation denied as plan was not fair and equitable to creditor bank.
Procedural posture

In a chapter 11 case, the bankruptcy administrator, a bank, and several other creditors objected to the debtor's plan and disclosure statement. The court held a hearing on the issue.

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Commercial opinion summary, case decided on October 27, 2011 , LexisNexis #0112-061