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§ 1129(b)(2)

In re Calpine Corp.

Dec
19
2007
Ruling
Sixth amended joint plan of reorganization approved.
Procedural posture

Bankruptcy debtors, a corporation and certain of its subsidiaries, proposed a plan of reorganization which involved consolidation of the debtors'estates, continued existence of the debtors, and creation of a new credit facility. The debtors sought confirmation of the plan.

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Commercial opinion summary, case decided on December 19, 2007 , LexisNexis #0208-016
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In re Dorsey Trailer Co.

Nov
20
2007
Ruling
Plan did not violate absolute priority rule where no payments were to be made to claims junior to unsecured claims.
Procedural posture

A debtor's chapter 11 case came before the court for confirmation of its amended plan of liquidation. A creditor objected, asserting that the plan violated the absolute priority rule of 11 U.S.C. § 1129(b)(2)(B) and that it violated the good faith clause in a settlement agreement between the creditor and a creditor bank.

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Commercial opinion summary, case decided on November 20, 2007 , LexisNexis #0108-032
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In re Armstrong World Indus.

Dec
29
2005
Ruling
Debtor corporation was denied confirmation of its chapter 11 reorganization plan because the plan's distribution of warrants to equity interest holders over the objection of a class of unsecured creditors violated the absolute priority rule.
Procedural posture

Appellant debtor corporation and two of its subsidiaries filed a chapter 11 petition for bankruptcy. An unsecured creditors committee filed objections to the bankruptcy court's proposed findings and conclusions with the district court. The district court denied confirmation of the bankruptcy reorganization plan. The debtor corporation appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on December 29, 2005 , LexisNexis #0106-125
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