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§ 1129(e)

In re Star Ambulance Serv. LLC

Ruling
Confirmation of small business debtor's plan denied due to expiration of 45-day deadline and lack of feasibility.
Issue(s)
Should plan in debtors' small business chapter 13 case be confirmed?

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Commercial opinion summary, case decided on August 24, 2015 , LexisNexis #0915-067

In re Dal-Jones Invs. LLC

Ruling
Motion to rescind small business designation granted as made in good faith and pursuant to compliance with relevant deadlines through proper continuances.
Procedural posture

A chapter 11 debtor filed a motion to rescind the small business designation that he filed pursuant to Fed. R. Bankr. P. 1020(a) on the grounds that the debtor was not, in fact, a small business debtor as defined in 11 U.S.C.S. § 101(51D)(A).

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Commercial opinion summary, case decided on July 09, 2012 , LexisNexis #0912-026

In re Doug Larsen Constr. Inc.

Ruling
Second motion for extension of deadline for confirmation denied as untimely despite court's prior indication at earlier hearing that it would grant the motion.
Procedural posture

Debtor construction company filed a petition as a small business debtor under chapter 11 of the Bankruptcy Code, a plan for reorganizing its business, and a motion under 11 U.S.C.S. § 1129(e) seeking an extension of the deadline for confirming its plan. The United States Trustee ("UST") filed an objection to the debtor's disclosure statement, and after the court sustained the UST's objection the debtor filed a second motion under § 1129(e).

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Commercial opinion summary, case decided on June 29, 2012 , LexisNexis #0912-136

In re Maxx Towing Inc.

Ruling
Objection to confirmation of small business debtor's plan as filed outside of 45-day deadline overruled where judicial economy favored avoiding refiling process.
Procedural posture

The United States Trustee (UST) filed an objection to confirmation of the chapter 11 small business debtor's plan, because the 45 day deadline set under 11 U.S.C.S. § 1129(e) for confirmation in small business cases had passed.

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Commercial opinion summary, case decided on July 27, 2011 , LexisNexis #0811-129

In re Netwurx Inc.

Ruling
Objection to plan based on alleged failures to meet small business deadlines overruled where confirmable plan was always likely and final plan proposed immediate payment of unsecured creditors in full.
Procedural posture

Creditor filed an objection to the timeliness of the debtor's chapter 11 reorganization plan and argued that the plan could not be confirmed because the debtor failed to obtain an extension of the strict deadlines imposed on small business cases under 11 U.S.C.S. §§ 1129(e) and 1121(e)(3).

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Commercial opinion summary, case decided on September 25, 2009 , LexisNexis #1109-062

In re Safeguard-RX Inc.

Ruling
Extension of plan confirmation deadline denied where confirmation within reasonable period was not likely.
Procedural posture

A debtor filed an emergency motion to extend the deadline for the confirmation of its chapter 11 plan of reorganization, pursuant to 11 U.S.C.S. §§ 1129(e) and 1121(e)(3).

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Commercial opinion summary, case decided on February 02, 2009 , LexisNexis #0309-129