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§ 1123

Jacobs, In re

Ruling
Debtor could not avoid application of § 1123(b)(5) by granting creditor with claim secured onlyby debtor’s residence an additional lien under its plan. (Bankr. D.N.M.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders' Rights

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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on January 06, 2023 , LexisNexis #0323-013

5171 Campbells Land Co., In re--Bernstein v. Meyer, Unkovic & Scott LLP

Ruling
Post-confirmation vesting of estate property did not deprive the plan administrator of powerto pursue claims. (Bankr. W.D. Pa.)
Issue(s)
Contents of Plan; Discretionary Provisions; Claims of Debtor; Retention and

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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on July 25, 2022 , LexisNexis #0922-044

Glaukom, LLC, In re

Ruling
No discrimination was made as debtor's plan for reorganization provided the sametreatment for each claim and equity interest in class unless the holder of a particular claimor equity interest agreed to lesser treatment. (Bankr. D. Utah)
Issue(s)
Contents of Plan; Mandatory Provisions; Equality of Treatment of Claims or Interests

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Consumer opinion summary, case decided on July 19, 2022 , LexisNexis #0922-016

Hyde, In re

Ruling
Confirmation of debtor's Subchapter V plan of reorganization was granted as the plansatisfied all applicable requirements. (Bankr. E.D. La.)
Issue(s)
Contents of Plan; Discretionary Provisions; Assumption, Rejection or Assignment of

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Consumer opinion summary, case decided on June 06, 2022 , LexisNexis #0722-094

Placid Oil Co., In re--Placid Oil LLC v. Avalon Farm, Inc.

Ruling
Environmental contamination claims were not discharged as the debtor assumed anunexpired surface lease in its plan without giving the creditor lessor predecessor actualnotice. (Bankr. N.D. Tex.)
Issue(s)
Contents of Plan; Discretionary Provisions; Assumption, Rejection or Assignment of

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Commercial opinion summary, case decided on June 03, 2022 , LexisNexis #0722-093

Maestros de P.R., Inc.

Ruling
Plan of adjustment affirmed as Congress left it to the Board to adjust unfunded promises sothat the Commonwealth would have a chance to reset its financial footing. (1st Cir.)
Issue(s)
Contents of Plan; Mandatory Provisions.

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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on April 26, 2022 , LexisNexis #0622-063

Fresh Acquisitions, LLC, In re

Ruling
Substantive consolidation was warranted as debtors had the same officers, managers, anddirectors, shared general accounting services, and shared software systems and riskmanagement services. (Bankr. N.D. Tex.)
Issue(s)
Contents of Plan; Mandatory Provisions.

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Commercial opinion summary, case decided on December 16, 2021 , LexisNexis #0222-039

Kingsley Clinic, PLLC, In re

Ruling
Plan confirmed as it did not unfairly discriminate between holders of claims as against eachdebtor. (Bankr. N.D. Tex.)
Issue(s)
Contents of Plan; Mandatory Provisions; Designation of Classes of Claims and

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Commercial opinion summary, case decided on November 20, 2021 , LexisNexis #0122-047

Herron, In re--Herron v. IRS

Ruling
Tax debt was nondischargeable as debtor's conduct in making large nonessential purchaseswhile fully aware of a significant tax liability showed a willful attempt to evade or defeat thetax. (Bankr. W.D. Pa.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders' Rights

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Consumer opinion summary, case decided on October 05, 2021 , LexisNexis #1221-018

Purdue Pharma L.P., In re

Ruling
Plan's third-party claims release provision allowed provided debtor's conduct is shown to be alegal cause of the released claims. (Bankr. S.D.N.Y.)
Issue(s)
Contents of Plan; Mandatory Provisions; Adequate Means of Implementation.

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Commercial opinion summary, case decided on September 17, 2021 , LexisNexis #1121-043