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To Prove Feasibility, The Debtors Must Demonstrate That The Amended Plan Offered A Reasonable Probability Of Success………………………….19 C. Debtors Are Barred by Judicial Estoppel From Attempting Now To Apply An Alternative, Incorrect Feasibility Standard Concocted To Extinguish The APA Condition Precedent That Their Plan Be Confirmed………………….15 B. 4th Dep’t 1980).............................................................................................. Her practice combines a depth of experience in restructuring and bankruptcy litigation with financial transaction work. Clients include debtors, independent directors, statutory and plan trustees, official and ad hoc creditor committees, secured lenders, DIP lenders, private equity funds, contract counterparties, landlords, trade creditors and buyers (both strategic and financial) and sellers of assets.She has been involved in over 100 bankruptcy-related adversary proceedings and is a member of the American Arbitration Association Commercial Panel.They will no longer be followed by The Bankruptcy Data Source.Case -cv-03123-SMH-MLH Document 75 Filed 09/12/14 Page 1 of 60 Page ID #: 4454 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION GLOBAL GAMING LEGENDS, LLC, et al. The Debtors must show that they were “ready, willing, and able” to perform their obligations under the APA, but for the alleged repudiation…………...27 i Case -cv-03123-SMH-MLH Document 75 Filed 09/12/14 Page 4 of 60 Page ID #: 4457 3. bankruptcy jurisprudence is that valid liens pass through bankruptcy unaffected. The lender countered that: (i) a secured creditor need not file a proof of claim in order to secure distributions under a chapter 13 plan; (ii) a pleading the lender previously filed in the case prior to the deadline amounted to an "informal" proof of claim; and (iii) Bankruptcy Rule 3002(c)'s deadline is inapplicable to secured claims.Several courts have attempted to reconcile the pass-through principle with the statute by requiring the creditor to "participate in the reorganization" as a prerequisite to the application of section 1141(c). Northern New England Telephone Operations LLC (In re Northern New England Telephone Operations LLC), 2015 BL 248853 (2d Cir. 4, 2015), the court ruled that a lien is extinguished by a chapter 11 plan if: (i) the text of the plan does not preserve the lien; (ii) the plan is confirmed; (iii) the property encumbered by the lien is "dealt with" by the plan; and (iv) the secured creditor participated in the bankruptcy case. However, persuaded by the third argument, it ruled that a secured creditor seeking distributions under a chapter 13 plan need only file a proof of claim prior to confirmation of the plan.

The Subject Of Whether The Amended Plan Was Feasible Is Directly Relevant To The Debtors’ Ability To Prove The Elements Of Their Anticipatory Repudiation Claim………………………………………………25 1. For Plans of Reorganization the master index also includes all plans that have been summarized.Companies not in Chapter 11 are identified by their distressed status: Default (for default on bonds or other substantial debt) Exchange Offer (distressed exchange offer pending) The following companies have recently emerged from bankruptcy, liquidated or otherwise ceased doing business.Precisely what constitutes “participation,” however, is an unsettled question. This controversial issue was recently addressed by the U.




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