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Mercifully, I’m going to experiment with how short I can make case summaries. Earlier this month, Michigan Bankruptcy Judge Applebaum denied confirmation in Lapeer Aviation’s Subchapter V bankruptcy cases. Lapeer operates the Dupont-Lapeer Airport (D95), which is about 25 miles east of Flint. Before addressing 4 objections, which were raised in a two-day evidentiary hearing , the Court reminds us that, even without objections, it has an independent duty to inquire into the plan confirmation requirements.

Ultimately, the Court denied confirmation for liquidation test and unfair discrimination reasons.Continue Reading Michigan Bankruptcy Court Examines Subchapter V Confirmation Requirements

As you can’t help but know by now, we’ve been covering Georgia’s Ret. Judge W. Homer Drake, Jr. Click here if you missed the first four posts. We’ll wrap-up Judge Drake’s Top 10 Chapter 11 confirmation opinions by Tuesday, with today’s post covering #2. We’re excited to have financial advisor and Till expert Richard Gaudet, of GGG Partners in Atlanta, reverse engineer in this post Judge Drake’s pre-Till analysis 30 years later, because why not? And for some New York Times worthy trivia about Judge Drake’s chambers, see below in the conclusion.Continue Reading Judges Series – Judge Homer Drake’s Top 10 Confirmation Opinions – Part 5 (#2)

The Association of Insolvency & Restructuring Advisors published its 1st Quarter 2017 Journal last Friday. Richard Gaudet, of HDH Advisors, LLC, and I wrote the article titled “Till Realized: Calculating Objective Chapter 11 Cramdown Rates without Expert Testimony.” The focus of the article is on the application of the U.S. Supreme Court…

Last month, Judge Laura Grandy, a bankruptcy judge in the Southern District of Illinois, entered confirmation opinion in STC, Inc.’s Chapter 11 case. The opinion is noteworthy for 2 reasons. First, it amounts to an excellent treatise on the Section 1129 confirmation requirements. Second, I’m honored that Judge Grandy cited in her opinion the American…