- 11 U.S.C.
In re Price Funeral Home Inc.
Dec
12
2008
Ruling
Debtor's disclosures approved over creditor's objection.
Procedural posture
A hearing was held to consider the final approval of a chapter 11 debtor's disclosure statement, and to consider confirmation of the debtor's plan of reorganization. A creditor with a lien on the debtor's real property objected to the statement, voted to reject the plan, and objected to confirmation. The debtor sought to have the plan confirmed pursuant to 11 U.S.C.S. § 1129(b) without the creditor's affirmative vote and over its objection.
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Court
:
- 11 U.S.C.
In re Sentinel Mgmt. Group
Dec
08
2008
Ruling
Investment advisement company's plan confirmed over trustee's objection to treatment of customers.
Procedural posture
Several creditors of a chapter 11 debtor contested the confirmation of the debtor's amended plan of liquidation.
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Court
:
- 11 U.S.C.
Airdigm Communs. Inc. v. FCC (In re Airdigm Communs. Inc.)
Oct
29
2008
Ruling
Bankruptcy court did not err in awarding post-confirmation interest to FCC based on interpretation of plan.
Procedural posture
Appellants, debtor and creditor, appealed the judgment of the United States District Court for the Western District of Wisconsin that affirmed a bankruptcy court's decision to award appellee Federal Communications Commission (FCC) post-confirmation interest for the period between confirmation of the debtor's 2000 plan of reorganization and commencement of new bankruptcy proceedings in 2006.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Surety Capital Corp.
Oct
16
2008
Ruling
Bonus to management firm on sale of bank owned by the estate approved over objection as provided for in chapter 11 plan.
Procedural posture
An interested party (objector) filed an objection to debtor's first amended plan of reorganization as modified. While several objections were filed, the only objection remaining for disposition related to debtor's proposed payment of a $50,000 bonus to debtor's chairman who was also a member of a firm that was providing management services to debtor under a consulting agreement. The plan had been confirmed pending a ruling on the bonus claim.
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Court
:
- 11 U.S.C.
In re Greg James Ventures LLC
Sep
24
2008
Ruling
Chapter 11 plan with ten year term confirmed as reasonable over creditor's objection.
Procedural posture
A creditor filed an objection to confirmation of the debtor's proposed chapter 11 plan.
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Court
:
- 11 U.S.C.
In re TSIC Inc.
Aug
18
2008
Ruling
Settlement between unsecured creditors' committee and purchaser of assets did not violate absolute priority rule and was approved.
Procedural posture
The United States Trustee objected to a settlement, proposed pursuant to Fed. R. Bankr. P. 9019 and 11 U.S.C.S. § 105(a), between the official committee of unsecured creditors for a chapter 11 debtor and the potential and ultimately approved purchaser of all of the debtor's assets.
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Court
:
In re New Century TRS Holdings Inc.
Jul
02
2008
Ruling
Formation of three groups of affiliated debtors and multi-debtor claim protocol was not an impermissible consolidation.
Procedural posture
Chapter 11 debtors and the creditors' committee sought approval of the debtors' plan. An ad hoc committee of the debtors' Deferred Compensation Plan and/or Supplemental Executive Retirement/Savings Plan objected to confirmation, arguing that the plan provided for an impermissible substantive consolidation of the debtors in violation of 11 U.S.C.S. § 1129(a), the plan did not comply with 11 U.S.C.S. § 1123(a)(4), as required by § 1129(a)(1).
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Court
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In re Smitty Inv. Group LLC
May
16
2008
Ruling
Confirmation denied for lack of feasibility due to debtor's lack of a reliable source of income.
Procedural posture
A corporate debtor filed a petition under chapter 11 of the Bankruptcy Code and a plan for repaying its creditors. An unsecured creditor filed an objection to confirmation of the plan, arguing that the plan should not be confirmed under 11 U.S.C.S. § 1129(a)(3) because it was not filed in good faith, and that it could not be confirmed under 11 U.S.C.S. § 1129(a)(11) because it was not feasible.
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Court
:
- 11 U.S.C.
In re ACandS Inc.
May
06
2008
Ruling
Debtor in possession was a proper plan proponent and plan approved as meeting all code requirements.
Procedural posture
Debtor, a debtor in possession (DIP), proposed a plan of reorganization and sought confirmation from the court. After various objections were resolved or withdrawn and after the court considered the provisions thereof, it proceeded to consider whether the plan was properly approved pursuant to, inter alia, 11 U.S.C.S. § 1122, 11 U.S.C.S. § 1123, 11 U.S.C.S. § 1126, 11 U.S.C.S. § 1129.
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Court
:
- 11 U.S.C.
In re F.G. Metals Inc.
Mar
18
2008
Ruling
Amended plan confirmed provided that debtor was not entitled to discharge of any tax for which a fraudulent return had been filed.
Procedural posture
Debtor corporations filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code. The court consolidated the petitions and entered an order which provided, inter alia, that the corporations would be consolidated into one entity. The surviving debtor filed an amended plan of reorganization, and the court held a hearing to consider confirmation of the amended plan, pursuant to 11 U.S.C.S. § 1129.
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Court
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