Tag Archives: plan of reorganization

Plan Discharge and Injunction Provisions: Creditors Beware

In re Orleans Homebuilders, Inc., 561 B.R. 46 (Bankr. D. Del. 2016) – A reorganized debtor brought a motion in bankruptcy court to enforce a chapter 11 plan of reorganization injunction: It sought a court order directing a residential condominium … Continue reading

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What It Means to Cure a Default: Never Take Anything for Granted, the Rules Can Always Change

Pacifica L 51 LLC v. New Investments Inc. (In re New Investments Inc.), 840 F.3d 1137 (9th Cir. 2016) – The debtor proposed a chapter 11 plan that included curing defaults under a mortgage loan. The lender objected because the … Continue reading

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Cramdown Plan of Reorganization: Can A $2400 Tail Wag An $8.6 Million Dog?

Village Green I, GP v. Fed. Nat’l. Mortgage Ass’n. (In Re Village Green I, GP), 811 F.3d 816 (6th Cir. 2016) – The debtor sought confirmation of a plan of reorganization where the impaired accepting class consisted of two claims … Continue reading

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Default Interest: There’s Prepetition Interest and Postconfirmation Plan Interest – Don’t Forget About What Happens in the Middle

Wells Fargo Bank, N.A. v. Beltway One Development Group, LLC (In re Beltway One Development Group, LLC), 547 B.R. 819 (9th Cir. BAP 2016) – A creditor objected to confirmation of a chapter 11 plan of reorganization because it did … Continue reading

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Plan Voting: Insiders – Do You Know One When You See One?

U.S. Bank N.A. v The Village at Lakeridge, LLC (In re The Village at Lakeridge, LLC), 814 F.3d 993 (9th Cir. 2016) – A secured creditor filed a motion to designate an unsecured creditor’s claim and disallow the creditor’s vote … Continue reading

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Chapter 11 Bankruptcy Sale: So Who Needs a Plan of Reorganization Anyway?

In re Tempnology, LLC, 542 B.R. 50 (Bankr. D. N.H.) – After lining up a stalking horse bidder and holding on auction, a chapter 11 debtor sought court approval of a sale of substantially all of its assets prior to … Continue reading

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Protecting Liens: “Allowing A Credit Bid” May Be More Complicated Than It Appears At First Glance

Baker Hughes Oilfield Operations, Inc. v. Morton (In re R.L. Adkins Corp.), 784 F.3d 978 (5th Cir. 2015) – An undersecured mechanic’s lien claimant contended that it was entitled to elect to treat its claim as fully secured under Section 1111(b) of … Continue reading

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