Affirmed the District Court's dismissal of a challenge, asserted by a former shareholder of the Debtor, to the bankruptcy court's Chapter 11 confirmation order, finding in part that: "if the...
BAP for 9th Cir. affirmed ruling of bankruptcy court (D. Az.) confirming chapter 11 plan. Treatment of unsecured creditors satisfied 1129(a)(7) requirement that unsecured creditors would receive at...
BAP for 9th Circuit affirmed ruling of bankruptcy court (D. Az.) overruling objection to chapter 11 plan confirmation by secured creditor. Bankruptcy court properly ruled plan was filed in good...
The bankruptcy court made erroneous factual findings and committed a legal error with respect to the threshold issue of whether there was a valid, binding, and enforceable settlement agreement...
The absolute priority rules applies in individual Chapter 11 cases. The exception created by BAPCPA only applies to property acquired by the debtor after the commencement of the case.
Summarized by Dean Langdon , DelCotto Law Group PLLC
10 years 1 month ago
Citation:
File Name 16a0018p.06; Docket No. 14-6521
Ruling:
Affirming the District Court for the Western District of Tennessee, the Sixth Circuit held that the single-asset real estate debtors' plan was not filed in good faith, and upheld dismissal of the...
FB Acquisition Property I, LLC v. Gentry, et al. (In re Gentry), Case No. 14-1441 (10th Cir. December 8, 2015). Published.
Ruling:
To be confirmed, a Chapter 11 plan must be feasible and a feasible plan is not a guarantee of success but rather offers a reasonable assurance of success. Further, the general rule under Colorado...
Summarized by Fred Ringel , Leech Tishman Robinson Brog PLLC
10 years 6 months ago
Citation:
In re Tribune Media Company, Case Nos. 14-3332 and 14-3333 (3d Cir. August 19, 2015)
Ruling:
The Court determined that Aurelius’s appeal, which would undo a crucial component of the plan, the settlement of LBO related causes of action that were the economic underpinning of the plan upon...
Ninth Circuit Court of Appeals Case No. 12-17176 (July 1, 2015)
Ruling:
The Ninth Circuit Court of Appeals reversed and remanded the district court's decision dismissing on equitable mootness grounds an appeal from bankruptcy court's order confirming a chapter 11 plan...
Judge(s):
Honorable J. Clifford Wallace, Milan D. Smith, Jr., and Michelle T. Friedland, Circuit Judges
