- 11 U.S.C.
Dish Network Corp. v. DSD N. Am. Inc. (In re DBSD N. Am.)
Feb
07
2011
Ruling
Creditor that was an indirect competitor of the debtor and bought a blocking position in a class of claims in order to obtain the debtor's telecommunications spectrum rights could be treated as acting in bad faith.
Procedural posture
In a Chapter 11 case, the bankruptcy court confirmed a reorganization plan for appellee debtor over the objections of appellant creditors. The United States District Court for the Southern District of New York affirmed. The creditors appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Mace
Jan
25
2011
Ruling
Plan proposing 20-year loan repayment period did not discriminate against creditor.
Procedural posture
A creditor objected to confirmation of the second amended plan proposed by a Chapter 11 trustee on the ground that the plan unfairly discriminated against the creditor and that the plan was not fair and equitable as required by 11 U.S.C.S. § 1129(b)(2)(A).
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Court
:
- 11 U.S.C.
In re Lighthouse Lodge LLC
Dec
14
2010
Ruling
Creditor's plan providing for sale of debtor's lodge approved provided improper release provision was removed.
Procedural posture
Both the chapter 11 debtor and a moving creditor proposed amended plans of reorganization, each of which was modified in a minor way prior to trial. The amendments were not substantive and did not require re-voting.
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Court
:
- 11 U.S.C.
In re Gelin
Sep
29
2010
Ruling
Individual chapter 11 debtors could not cram down without consent of mortgage creditors or payment in full due to continued operation of absolute priority rule.
Procedural posture
Before the court was debtors' cram down motion pursuant to 11 U.S.C.S. § 1129(b), as well as debtors' Second Plan of Reorganization. Other related motions were also before the court seeking to cram down the Plan on other non-objecting creditor classes. A creditor objected to confirmation based on the absolute priority rule.
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Court
:
- 11 U.S.C.
In re Shat
Feb
22
2010
Ruling
The absolute priority rule does not apply to individual chapter 11 debtors post-BAPCPA.
Procedural posture
Debtors' chapter 11 plan was before the court for confirmation.
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Court
:
- 11 U.S.C.
In re 2712 Mission Partners LP
Jan
22
2010
Ruling
Confirmation of debtor's fourth amended plan and creditors' plan denied and stay continued conditioned on sale of office property.
Procedural posture
Debtor, a limited partnership that owned an office building, filed a chapter 11 petition. The debtor filed a disclosure statement that included its fourth attempt at a reorganization plan. A creditor also filed a disclosure statement and secured creditors filed a joint motion for relief from stay.
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Court
:
- 11 U.S.C.
In re Blake
Nov
30
2009
Ruling
Plan confirmed over creditor's objection to using confirmation date as date of valuation for cramdown.
Procedural posture
Bankruptcy debtors proposed a plan which provided that mortgage creditors would receive monthly payments having a present value of the fair market value of the debtors' rental properties on the date of confirmation. The creditors objected to confirmation of the debtors' plan on the ground that the proper date of valuation was the date the debtors commenced their bankruptcy case.
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Court
:
- 11 U.S.C.
In re Cypresswood Land Partners I
Jan
20
2009
Ruling
Chapter 11 plan confirmed with sua sponte modifications by bankruptcy court.
Procedural posture
Debtor moved for confirmation of its chapter 11 plan. The issues were the proper meaning of a "party-in-interest" under 11 U.S.C.S. § 1109(b), whether a non-voting class could be deemed to have accepted a chapter 11 plan, and whether and to what extent the "new value exception" relating to 11 U.S.C.S. § 1129(b)(2)(B)(ii) should be recognized.
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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
:
Judge or Jurisdiction information not available
- 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
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