- 11 U.S.C.
Joseffy, In re
Sep
08
2023
Ruling
Debtor could retain exempt property without paying unsecured creditors in full as exemptproperty is not property of the estate. (Bankr. S.D. Fla.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Unsecured Claims.
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Court
:
- 11 U.S.C.
Highland Cap. Mgmt., L.P., In re--NexPoint Advisors, L.P. v. Highland Cap. Mgmt., L.P.
Aug
19
2022
Ruling
Plan conformed to the absolute priority rule but exculpation provision partly ran afoul of thebar on non-debtor discharge. (5th Cir.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Unsecured Claims.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Angeron, In re
Dec
13
2018
Ruling
Court could not confirm plan as the new value proposed was not reasonably equivalent to the scheduled value of the property to be retained. (Bankr. E.D. La.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Unsecured Claims.
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Court
:
- 11 U.S.C.
Ameriflex Eng'g LLC
Jul
31
2018
Ruling
Court denied confirmation of chapter 11 plan as it did not allow for competing bids. (Bankr. D. Or.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Unsecured Claims.
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:
- 11 U.S.C.
CHL, LLC, In re
Jun
14
2018
Ruling
Amended plan was not confirmable as it was not fair and equitable. (Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Unsecured Claims.
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Court
:
- 11 U.S.C.
Cuzco Dev. U.S.A., LLC, In re
Jul
10
2017
Ruling
Plan confirmed despite the dissenting vote of Class 5 claims because the amended planprovided payment in full of allowed claims of holders of general unsecured claims in Class5. (Bankr. D. Haw.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Unsecured Claims.
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- 11 U.S.C.
Zachary v. California Bank &Trust
Jan
28
2016
Ruling
Absolute priority rule continues to apply in individual post-BAPCPA chapter 11 cases.
Issue(s)
Whether the absolute priority rule under 11 U.S.C.S. § 1129(b)(2)(B)(ii) continued to apply in individual chapter 11 cases after BAPCPA.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Ice House Am. LLC v. Cardin
May
13
2014
Ruling
Confirmation reversed as individual chapter 11 debtor's plan violated the absolute priority rule.
Issue(s)
Whether the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 abrogated the so-called "absolute-priority rule" as applied to individual debtors who file for bankruptcy under Chapter 11 of the Code?
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Lively
May
29
2013
Ruling
Absolute priority rule applies to individual chapter 11 debtors.
Procedural posture
The denial of confirmation of appellant individual chapter 11 debtor's reorganization plan was certified for appeal from the U.S. Bankruptcy Court for the Southern District of Texas to resolve whether chapter 11's absolute priority rule in 11 U.S.C.S. § 1129(b)(2)(B), applied in such individual debtor cases.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re ONeal
Apr
12
2013
Ruling
Confirmation denied due to impossibility and lack of specificity or good faith.
Procedural posture
The Arkansas Development Finance Authority (ADFA) objected to confirmation of the debtors second amended chapter 11 plan of reorganization on the grounds that the plan did not comply with the requirements of 11 U.S.C.S. §§ 1122 and 1129(a). It also argued that the plan violated the absolute priority rule in 11 U.S.C.S. § 1129(b)(2)(B)(ii).
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