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§ 1129(a)(9)

Silver Airways LLC, In re

Ruling
Plan confirmed despite a projected $3 million shortfall as supported by key administrative creditors who otherwise faced the risk of total loss. (Bankr. S.D. Fla.)
Issue(s)
Confirmation of Plan; Requirements; Treatment of Priority Claims; Administrative Claims.

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Commercial opinion summary, case decided on May 19, 2025 , LexisNexis #0725-070

Hornblower Holdings LLC, In re

Ruling
Creditor's objection to confirmation of Chapter 11 debtor's second amended plan was rejectedas not providing the required treatment of the creditor's asserted subrogation claim. (Bankr.S.D. Tex.)
Issue(s)
Confirmation of Plan; Requirements; Treatment of Priority Claims.

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Commercial opinion summary, case decided on June 06, 2024 , LexisNexis #0824-042

Mableton, LLC, In re

Ruling
Debtor's plan for reoranization conditionally granted as court found that it does not satisfy the requirements of § 1129(a)(9) relating to the mandatory treatment of administrative claims. (Bankr. S.D. Ga.)
Issue(s)
Confirmation of Plan; Requirements; Treatment of Priority Claims.

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Commercial opinion summary, case decided on June 07, 2017 , LexisNexis #0717-054

In re Molycorp, Inc.

Ruling
Firm's application for payment of fees and costs approved as costs incurred by counsel wereallowed as administrative expenses that must be paid by debtor. (Bankr. D. Del.)
Issue(s)
Confirmation of Plan; Requirements; Treatment of Priority Claims; Administrative Claims.

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Commercial opinion summary, case decided on January 05, 2017 , LexisNexis #0217-045

In re Jerath Hospitality LLC

Ruling
Bankruptcy Code language requiring "regular payments" under plan did not preclude balloon payments.
Procedural posture

Chapter 11 debtor submitted its proposed plan for confirmation. The proposed plan would pay the obligation owing to the state department of revenue's claim amortized over forty-eight monthly installments with a lump sum payment due prior to the sixtieth month following the petition date. The department of revenue filed an objection to the plan.

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Commercial opinion summary, case decided on December 18, 2012 , LexisNexis #0113-030

In re Crossing LLC

Ruling
Debtor in possession's counsel's fee application allowed with credits for retainer and subordinated to other administrative and unsecured claims due to pattern of nondisclosure.
Procedural posture

A law firm filed an amended application for compensation for its services as counsel for a debtor in possession. The debtor and its sole shareholder opposed the application on numerous grounds, including failures of disclosure and misrepresentations, and asked for disallowance of half the compensation requested and denial of a premium.

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Commercial opinion summary, case decided on September 16, 2011 , LexisNexis #1011-132

In re Lisbon Valley Mining Co. LLC

Ruling
Chapter 11 plan confirmed as meeting all necessary requirements.
Procedural posture

A bankruptcy debtor sought confirmation of a plan of reorganization which proposed to resolve claims against the debtor and the bankruptcy estate, and to assume or negotiate mineral leases for its mining operations.

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Commercial opinion summary, case decided on August 31, 2009 , LexisNexis #1009-029

In re Mayco Plastics Inc.

Ruling
Lender with postpetition financing priority did not hold an administrative expense claim and could not object to confirmation.
Procedural posture

A postpetition lender of a chapter 11 debtor objected to confirmation of the debtor's plan under 11 U.S.C. § 1129(a)(9)(A).

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Commercial opinion summary, case decided on January 04, 2008 , LexisNexis #0208-015