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In re Brewery Park Assocs. LP

In re Brewery Park Assocs. LP

Ruling
Confirmation denied and chapter 11 case dismissed where debtor was unable to submit a viable plan and there was no possibility of a dividend to unsecured creditors in chapter 7.
Procedural posture

A creditor secured by a chapter 11 bankruptcy debtor's real property sought confirmation of a plan of reorganization which provided for the creditor to obtain the debtor's interest in the property via a credit bid at a sale of the property or to be paid in full from the proceeds of sale of the property to a third party. The debtor objected to confirmation of the plan and moved for voluntary dismissal of the debtor's case.

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Commercial opinion summary, case decided on April 29, 2011 , LexisNexis #0511-130