In re H.H. Distribs. LP
Jan
16
2009
Ruling
Confirmation denied where plan was not feasible and violated absolute priority rule.
Procedural posture
Before the court were requests to confirm a Consolidated First Amended Plan of Reorganization (Distributions Plan) of three debtors, and a Consolidated Second Amended Plan of Reorganization (RE Plan) of two debtors. Objections to both Plans were filed by the U.S. Trustee (UST) and a pension fund. Moreover, as the fund controlled the class of unsecured creditors and rejected both Plans, confirmation was sought pursuant to 11 U.S.C.S. § 1129(b).
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Court
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