In re Hand
Feb
04
2010
Ruling
Debtor's sixth amended chapter 12 plan confirmed as filed in good faith over creditor's objection.
Procedural posture
This case came before the court for a final evidentiary hearing to consider confirmation of the Sixth Amended Chapter 12 Plan filed by debtors. A creditor filed a written Objection to the Plan, alleging it did not satisfy the requirements of 11 U.S.C.S. § 1225(a)(3), 1225(a)(5), and 1225(a)(6).
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Court
:
In re Brixey
Jan
15
2010
Ruling
Confirmation denied for failure to provide for distribution to unsecured creditors where proper valuation of real estate would allow for such a distribution.
Procedural posture
A creditor objected to confirmation of a chapter 12 debtor's plan on the grounds that by failing to provide for a distribution to unsecured creditors, the plan failed to satisfy the good faith requirement of 11 U.S.C.S. § 1225(a)(3) and the liquidation test of § 1225(a)(4).
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Court
:
In re Tamcke
Jan
14
2010
Ruling
Plan confirmation denied on feasibility grounds due to prior failures to sell property.
Procedural posture
A bankruptcy debtor proposed a chapter 12 bankruptcy plan which provided for the sale of a portion of the debtor's ranch property and, if the property was not sold by a date certain, to sell the property and additional property at auction. The former spouse of the debtor and a bank which was the debtor's primary creditor objected to confirmation of the debtor's plan.
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Court
:
- 11 U.S.C.
In re Dennis
Sep
21
2009
Ruling
Chapter 12 plan confirmed subject to in-court modification providing protection to bank against debtors' possible future failure to make scheduled payment.
Procedural posture
Debtors, a husband and wife, filed a petition under chapter 12 of the Bankruptcy Code and a plan for repaying their creditors, A bank that held a security interest on a farm the debtors owned filed a motion to dismiss the debtors' bankruptcy case, claiming that the debtors did not have the ability to complete their plan. The court held a hearing on the bank's motion.
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Court
:
- 11 U.S.C.
In re Schreiner
Mar
30
2009
Ruling
Confirmation of chapter 12 plan denied as repayment period for secured creditors was too long.
Procedural posture
The debtors filed for relief under chapter 12 and submitted a proposed plan. Two creditors filed objections to confirmation. The court held a hearing and issued an order.
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Court
:
- 11 U.S.C.
In re Vantage.com
Sep
13
2007
Ruling
Organic vegetable grower's case ordered converted to chapter 7 on grounds of bad faith.
Procedural posture
A debtor petitioned for relief under chapter 12 and submitted a plan of reorganization. Three creditors objected to the plan, and one of the creditors filed a motion for dismissal, conversion, or removal of the debtor as a debtor in possession.
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Court
:
- 11 U.S.C.
In re Wilson
Feb
07
2007
Ruling
Confirmation denied due to farmer debtor's failure to provide creditor trust with interest at prime rate plus risk factor.
Procedural posture
Two cases were filed, one by two individual debtors and one by an LLC. Pending in the jointly administered chapter 12 bankruptcy cases were confirmation of debtors'chapter 12 Plans and objections thereto filed by two creditors, namely a revocable trust and a second creditor. Also pending was debtors' motion for valuation of the second creditor's security. The trust also sought dismissal. A separate Order addressed its judicial notice request.
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Court
:
- 11 U.S.C.
In re Torline
Dec
22
2006
Ruling
Plan confirmation denied due to failure to provide for payment of former spouse's secured claim.
Procedural posture
Creditor, chapter 12 debtor's ex-wife, filed an objection to the confirmation of debtor's plan.
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Court
:
- 11 U.S.C.
In re Sandhills Cattle Feeding Inc.
Oct
06
2006
Ruling
Plan not filed in bad faith where cattle died from disease rather than being converted for debtors'benefit as alleged.
Procedural posture
Debtors filed for chapter 12 bankruptcy relief. The debtors then filed a chapter 12 plan. A creditor objected to confirmation pursuant to 11 U.S.C. § 1225(a)(3), alleging that the debtors had converted 385 head of the creditor's cattle. The court held a trial on the objection.
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Court
:
In re Torelli
Feb
28
2006
Ruling
Court denied confirmation of the debtor's chapter 12 plan because it did not propose to pay a bank the present value of the bank's fully secured claim and because the plan was not feasible.
Procedural posture
Debtor filed for bankruptcy protection under chapter 12 and sought confirmation of a chapter 12 plan. Objector secured creditor objected to confirmation of the proposed plan. The court held a confirmation hearing.
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Court
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