- 11 U.S.C.
Andover Senior Care, LLC, In re
Aug
03
2023
Ruling
HUD was allowed to invoke and seek relief for good cause but the debtor was to be givenwritten notice and an opportunity to contest HUD's removal of the debtor as the operator ofthe residential health care facilities. (Bankr. D. Kan.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Secured Claims.
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Aguirre, In re
Jun
16
2022
Ruling
Creditor was bound by confirmed Chapter 11 plan despite lack of service given attorney’sacknowledgement that creditor was a party to the case. (7th Cir.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Secured Claims;
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Judge or Jurisdiction information not available
- 11 U.S.C.
Chip's Southington, LLC, In re
Nov
13
2021
Ruling
Creditor's objection to confirmation of debtor's proposed Chapter 11 plan overruled wheredebtor chose to maintain possession of the collateral to continue generating streams of income.(Bankr. D. Conn.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Secured Claims.
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Court
:
- 11 U.S.C.
Fleming, In re
May
21
2021
Ruling
Objections to confirmation of plan overruled because creditor's claim was paid down by anamount equal to the fair market value of properties when conveyed to the creditor. (Bankr.C.D. Cal.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Secured Claims.
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Court
:
- 11 U.S.C.
Bate Land Co. LP v. Bate Land & Timber LLC (Bate Land & Timber LLC)
Dec
06
2017
Ruling
District court improperly dismissed a creditor's appeal of a bankruptcy court's "indubitable equivalence" determination as the appeal was not equitably moot. (4th Cir.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Secured Claims.
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Judge or Jurisdiction information not available
- 11 U.S.C.
MPM Silicones, L.L.C., In re--Apollo Global Mgmt., LLC v. Bokf, NA
Oct
20
2017
Ruling
Lower court erred in using a formula instead of a market rate approach to calculate the interest rate applicable to the replacement notes received by senior-lien notes holders. (2d Cir.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Secured Claims.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Tamir, In re
Jun
27
2017
Ruling
Debtor's plan could not be confirmed as it did not have fair and equitable treatment for twomortgage holders. (Bankr. D. Me.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Secured Claims.
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:
- 11 U.S.C.
In re Wetdog LLC
Sep
05
2014
Ruling
Chapter 11 plan confirmed where treatment of objecting creditor's claim complied with fair and equitable treatment requirement.
Issue(s)
Should confirmation of chapter 11 plan be denied due to creditor's objection based on feasibility and the absolute priority rule?
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- 11 U.S.C.
In re San Francisco Med. Assocs.
Oct
07
2013
Ruling
Confirmation denied due to unfair, inequitable treatment of creditor's claim.
Issue(s)
Was plan treatment of debt secured by deed of trust on commercial property fair and equitable.
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Court
:
- 11 U.S.C.
In re Root
Oct
19
2012
Ruling
Confirmation denied due to debtors' failure to establish that plan was fair and equitable to impaired claims.
Procedural posture
Chapter 11 debtors in possession filed an amended chapter 11 plan of reorganization (the Plan) and sought confirmation.
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