(Bankr. S.D. Ind. July 30, 2015)
In this lengthy opinion, the bankruptcy court declines to confirm two competing Chapter 11 plans. The debtor’s plan is not confirmed because it is not feasible under § 1129(a)(11) and it is not “fair and equitable” under § 1129(b). The other plan, proposed by the debtor’s competitor and largest unsecured creditor, can not be confirmed because certain claims are not properly classified and the plan unfairly discriminates against a class of creditors. The opinion provides a good discussion of standards under § 1129. Opinion below.
Author: Matt Lindblom