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§ 1123

Koessler, In re

Ruling
Chapter 11 debtors' motion to value real property was denied as creditor's entire first mortgagelien was protected from modification. (Bankr. S.D. Fla.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders' Rights

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Consumer opinion summary, case decided on August 02, 2021 , LexisNexis #0921-069

Space, LLC, In re

Ruling
Debtor's plan of liquidation was confirmed where it provided adequate and proper meansfor its implementation and it was proposed in good faith. (Bankr. D. Utah)
Issue(s)
Contents of Plan; Mandatory Provisions.

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Commercial opinion summary, case decided on July 22, 2021 , LexisNexis #0921-021

Seaboard Hotel Mbr. Assocs., LLC, In re--NCA Inv'rs Liquidating Trust v. Berkowitz, Trager & Trager, LLC

Ruling
Avoidance action could proceed against a transactional law firm as the plan specificallypreserved all causes of action against law firms. (Bankr. D. Del.)
Issue(s)
Contents of Plan; Discretionary Provisions; Claims of Debtor; Retention and

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Court :
Commercial opinion summary, case decided on June 10, 2021 , LexisNexis #0721-093

B&G Crop Farms, LLC, In re

Ruling
Credit union's claim was not shielded from modification because debtors' interest in a creditunion share account that secured the credit union's claim was personal property, not realproperty. (Bankr. W.D. Mich.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders' Rights

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Commercial opinion summary, case decided on May 27, 2021 , LexisNexis #0721-064

Brock, In re

Ruling
Debtor could not extend the term of a loan secured by debtor's primary residence. (Bankr. N.D.Miss.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights

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Consumer opinion summary, case decided on May 10, 2021 , LexisNexis #0621-094

Astria Health, In re

Ruling
Releases and exculpation provisions in a proposed Chapter 11 plan did not prevent planapproval. (Bankr. E.D. Wash.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.

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Commercial opinion summary, case decided on January 22, 2021 , LexisNexis #0221-092

Filene's Basement, LLC, In re

Ruling
Order entered enforcing the confirmation order and plan and settlement embodied in theplan. (Bankr. D. Del.)
Issue(s)
Contents of Plan; Discretionary Provisions.

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Commercial opinion summary, case decided on October 26, 2020 , LexisNexis #1220-045

TSC Dorsey Run Road-Jessup, LLC, In re

Ruling
Settlement of claims of improper withdrawal of debtor in possession’s funds approved asconsistent with terms anticipated by Chapter 11 plan. (Bankr. D. Md.)
Issue(s)
Contents of Plan; Mandatory Provisions.

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Commercial opinion summary, case decided on September 22, 2020 , LexisNexis #1120-017

Wissel, In re--Wissel v. Deutsche Bank Nat’l Trust Co.

Ruling
BAPCPA definitions of "debtor's principal residence" and "incidental property” expandedthe reach of Chapter 11 anti-modification provision to prevent cramdown of mortgage onprimary residence also used for business. (Bankr. D.N.J.)
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 September 14, 2020 , LexisNexis #1020-094

Peabody Energy Corp., In re

Ruling
Plan providing participating creditors the opportunity to participate in a private placement didnot violate the equal treatment rule. (8th Cir.)
Issue(s)
Contents of Plan; Mandatory Provisions; Equality of Treatment of Claims or Interests

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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 09, 2019 , LexisNexis #1019-019