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§ 1225(a)(3)

Simpson, In re

Ruling
Motion to amend plan was granted as debtors' performance to date, projections, and lack ofdiminution of any claim showed that the debtors had satisfied the feasibility test at §1225(a)(3). (Bankr. D. Vt.)
Issue(s)
Confirmation of Plan; Conditions; Plan Proposed in Good Faith.

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Consumer opinion summary, case decided on June 01, 2020 , LexisNexis #0720-071

In re Vantage.com

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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Commercial opinion summary, case decided on September 13, 2007 , LexisNexis #1007-090

In re Sandhills Cattle Feeding Inc.

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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opinion summary, case decided on October 06, 2006 , LexisNexis #1106-132