Gup's Hill Plantation, LLC, In re
May
03
2017
Ruling
Confirmation of plan denied as the plan proposed to alter the rights of all three classes thathad not voted to accept debtor's plan. (Bankr. D.S.C.)
Issue(s)
Confirmation of Plan; Cramdown.
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Court
:
- 11 U.S.C.
Eternal Enter., In re
Apr
13
2017
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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Court
:
Wells Fargo Bank N.A. v. Beltway One Dev. Grp. LLC (In re Beltway One Dev. Grp. LLC)
Mar
31
2016
Ruling
Bankruptcy court erred in denying interest on creditor's claim that accrued postpetition, at the default rate the debtor LLC agreed to pay.
Issue(s)
Did the bankruptcy court err in its decision to deny accrued postpetition, pre-effective default interest on creditor bank's allowed, oversecured claim pursuant to the debtor's chapter 11 plan, which did not cure the prebankruptcy default?
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Court
:
Judge or Jurisdiction information not available
- 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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Court
:
Judge or Jurisdiction information not available
In re Tapang
Nov
05
2015
Ruling
Debtor's proposed cramdown rate of interest on loan securing real property approved.
Issue(s)
Could chapter 11 debtor cramdown the interest rate on a loan secured by real property?
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Court
:
In re Montreal Me. & Atl. Ry.
Oct
09
2015
Ruling
Plan reflecting good faith settlement could be approved, despite not providing for payments to two classes of creditors deemed to have rejected the plan.
Issue(s)
Could plan that did not provide for payments to two classes of creditors deemed to have rejected the plan?
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Court
:
- 11 U.S.C.
In re Walker
May
26
2015
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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Court
:
- 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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Court
:
- 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
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re K&K Holdings LLC
Feb
13
2014
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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Court
: