In re McMahon Family LP
Jul
10
2013
Ruling
Confirmation denied where debtor tree farming operation did not establish ability to make proposed payments.
Procedural posture
A chapter 12 trustee objected to confirmation of a debtor's plan on the grounds that the plan did not meet the "best interest of creditors" test under 11 U.S.C.S. § 1225(a)(4). A bank also objected to confirmation on the grounds that the debtor did not qualify for chapter 12 relief, unsecured creditors would be paid in full in a chapter 7 liquidation, and the debtor's proposed treatment of the bank's secured claim was commercially unreasonable.
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Court
:
- 11 U.S.C.
In re Standley
Mar
22
2013
Ruling
Confirmation denied as proposed term of payment was too long.
Procedural posture
Debtors filed a petition under chapter 12 of the Bankruptcy Code and proposed a plan for paying their creditors. After the debtors failed to make a payment that was due under their original plan, they filed an amended plan and asked the court to confirm their amended plan. Two banks that held claims against the debtors' property filed a motion to dismiss the debtors' case and an objection to confirmation of the debtor's second amended plan.
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Court
:
In re Moore
Dec
19
2012
Ruling
Confirmation denied due to lack of adequate, comprehensible liquidation analysis.
Procedural posture
On consideration before the court was the determination of whether debtors' chapter 12 plan of reorganization should be confirmed. objections to confirmation were filed by two banks and the chapter 12 trustee.
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Court
:
In re Pertuset
Dec
18
2012
Ruling
Denial of confirmation and dismissal due to multiple indicia of bad faith affirmed.
Procedural posture
Chapter 12 debtors appealed from adverse orders of the United States Bankruptcy Court for the Southern District of Ohio, asserting that debtors' objection to the creditors' proofs of claim stripped the claims of their presumptive validity pursuant to 11 U.S.C.S. § 502(a); and that the creditors had standing to file claims and seek relief in the debtors' proceeding, resulting in the dismissal of debtors' case.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Whitten
Oct
10
2012
Ruling
Chapter 12 plan confirmation denied based on over secured creditor's objection to 25-year repayment schedule.
Procedural posture
A chapter 12 trustee and a secured creditor filed objections to the confirmation of a debtor's plan under 11 U.S.C.S. § 1225(a)(5).
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Court
:
- 11 U.S.C.
In re Erickson
Apr
26
2012
Ruling
Confirmation of chapter 12 plan denied due to failure to pay unsecured creditors the same amount as they would received under chapter 7.
Procedural posture
When debtor moved for confirmation of his third amended chapter 12 plan, the trustee and one creditor objected. At issue was whether plan confirmation under 11 U.S.C. § 1225 was properly denied.
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Court
:
- 11 U.S.C.
In re Bolender
Jul
20
2011
Ruling
Till rate of interest was appropriate in chapter 12 plan.
Procedural posture
In a chapter 12 case, a bank objected to confirmation of the debtor's plan. The parties disputed the appropriate interest rate under 11 U.S.C.S. § 1225(a)(5)(B)(ii).
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Court
:
- 11 U.S.C.
In re Hudson
Mar
15
2011
Ruling
Chapter 12 plan confirmed as feasible given property and commitment from supplier to provide poultry.
Procedural posture
Debtors declared chapter 12 bankruptcy in October 2008, and they filed an amended plan for repaying their creditors and asked the court for permission to utilize funds held by the bankruptcy trustee and to incur credit. A secured creditor filed an objection to confirmation of the debtors' amended plan.
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Court
:
- 11 U.S.C.
In re Gray-Bailey
Apr
29
2010
Ruling
Confirmation of chapter 12 plan that did not propose to pay secured creditor's claim denied due to failure to provide for surrender of ranch property.
Procedural posture
A bankruptcy debtor proposed a chapter 12 plan which provided that the debtor would remain in possession of the debtor's ranch property, pay rent, and continue to market the property during the period of redemption after an anticipated foreclosure sale of the property. A creditor secured by the property objected to confirmation of the debtor's plan.
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Court
:
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
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