In re Friendship Dairies
Jan
03
2014
Ruling
Confirmation denied due to lack of feasibility and proposal for payment of fees of oversecured creditor without interest for fifteen years.
Issue(s)
Could chapter 13 plan providing for payment of oversecured creditor without interest over fifteen years be confirmed.
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Court
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In re J.C. Householder Land Trust 1
Dec
30
2013
Ruling
Creditor could not purchase previously voted claim in attempt to block confirmation.
Issue(s)
Could creditor purchase an unsecured claim that had previously been voted in favor of the plan in an attempt to change that vote to one against the plan in order to block confirmation.
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Court
:
- 11 U.S.C.
In re Premier Hospitality Group Inc.
Dec
16
2013
Ruling
Confirmation denied due to unfair treatment of priority secured creditor's claim.
Issue(s)
Was plan proposing reamortization of creditor's secured claim fair and equitable.
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Court
:
- 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
:
In re Waterford Hotel Inc.
Aug
01
2013
Ruling
Confirmation of debtor's fourth amended plan granted over creditor's feasibility objection.
Issue(s)
Could debtor hotel owner and operator obtain plan confirmation over objections by creditors, including on the grounds that the plan was not feasible due to need for large influx of cash.
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Court
:
- 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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Court
:
- 11 U.S.C.
In re Deming Hospitality LLC
Apr
05
2013
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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Court
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In re CRB Partners LLC
Mar
04
2013
Ruling
Confirmation denied due to insufficient cushion for creditor and lack of feasibility.
Procedural posture
In a jointly administered chapter 11 case, debtors sought confirmation of their reorganization plan. Two creditors filed objections to the plan claiming, among other things, that the plan was not feasible and its proposed partial "dirt-for-debt" provision failed to satisfy 11 U.S.C.S. § 1129(b)(2)(A)(iii).
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Court
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In re Riviera Drilling & Exploration Co.
Dec
19
2012
Ruling
Plan proposed after debtor failed to propose confirmable plan was in best interests of creditors and was confirmed.
Procedural posture
A chapter 11 trustee filed a motion to convert a small business debtor's case from chapter 11 to chapter 7. Several creditors objected to the motion. A proponent submitted an amended chapter 11 plan and disclosure statement, and certain creditors objected to plan confirmation. The court ordered briefing on the applicability of 11 U.S.C.S. § 1121(e).
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Court
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