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§ 1129

Joseffy, In re

Ruling
Debtor could retain exempt property without paying unsecured creditors in full as exemptproperty is not property of the estate. (Bankr. S.D. Fla.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Unsecured Claims.

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Consumer opinion summary, case decided on September 08, 2023 , LexisNexis #1123-044

Andover Senior Care, LLC, In re

Ruling
HUD was allowed to invoke and seek relief for good cause but the debtor was to be givenwritten notice and an opportunity to contest HUD's removal of the debtor as the operator ofthe residential health care facilities. (Bankr. D. Kan.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Secured Claims.

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Commercial opinion summary, case decided on August 03, 2023 , LexisNexis #1023-019

Essar Steel Minn., LLC, In re--Mesabi Metallics Co. LLC v. B. Riley FBR, Inc.

Ruling
Complaint adequately alleged that a financial advisor's claim arose prior to the effective dateof the debtors' plan so that efforts to enforce the claim would violate the discharge injunction.(Bankr. D. Del.)
Issue(s)
Confirmation of Plan.

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on June 23, 2023 , LexisNexis #0823-066

Serta Simmons Bedding, LLC, In re--Serta Simmons Bedding, LLC v. AG Ctr. St. P'ship

Ruling
Court approved debtor's plan over objections concerning indemnity and the absolute priority rule. (Bankr. S.D. Tex.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on June 06, 2023 , LexisNexis #0823-015

Mallinckrodt Plc, In re

Ruling
Plaintiffs’ attempt to join the debtor to class action litigation was not shown to violate the terms of the debtor’s plan or the confirmation order. (Bankr. D. Del.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on May 31, 2023 , LexisNexis #0723-095

Higgins AG, LLC, In re

Ruling
Plan could be confirmed by court even if less than all creditors or classes accepted the plan and, in such an instance, the plan would still be binding on those creditors or classes that rejected the plan. (Bankr. N.D. Tex.)
Issue(s)
Confirmation of Plan; Requirements; Impaired Classes.

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Commercial opinion summary, case decided on May 31, 2023 , LexisNexis #0723-066

Northwest Senior Hous. Corp., In re

Ruling
Confirmation of debtors' plan was warranted as the plan was proposed with the legitimate and honest purpose of maximizing the value of the debtors' assets and distributions to creditors. (Bankr. N.D. Tex.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on April 07, 2023 , LexisNexis #0623-042

Threesquare, LLC, In re

Ruling
Trustee's objection to debtor's proposed Chapter 11 plan was rejected as the plan was feasible under the Berhmann factors. (Bankr. N.D. W. Va.)
Issue(s)
Confirmation of Plan; Requirements; Subsequent Liquidation or Further Reorganization Not Anticipated.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on March 28, 2023 , LexisNexis #0523-095

Voyager Digital Holdings, In re

Ruling
Objections that sale transaction would be illegal and that debtors would be unable to complete a proposed liquidation for regulatory reasons were rejected as there was no evidence or legal argument to support such contentions. (Bankr. S.D.N.Y.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on March 11, 2023 , LexisNexis #0523-019

Associated Fixture Mfg., In re

Ruling
Plan confirmed as it complied with all applicable confirmation requirements. (Bankr. D. Utah)
Issue(s)
Confirmation of Plan; Requirements; Plan Compliance with Title 11.

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Commercial opinion summary, case decided on February 10, 2023 , LexisNexis #0423-016