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Order Confirming Debtors Plan Of Reorganization (Chapter 11) 3020-1 - New Hampshire
| Order Confirming Debtors Plan Of Reorganization (Chapter 11) Form. This is a New Hampshire form and can be used in Bankruptcy Court Federal . |
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LBF 3020-1 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE In re: Bk. No. _____-_____-_____ _____________________, Chapter 11 Debtor ORDER CONFIRMING DEBTOR*S PLAN OF REORGANIZATION Pursuant to the final plan and disclosure statement (Court Doc. Nos. ___and___) filed by___________; and after notice having been transmitted to all creditors, equity security holders, parties in interest and otherpersons entitled to notice in accordance with Bankruptcy Rules 2002 and 3017; and after having reviewed the plan, the showing made by parties who attended the confirmation hearing on__________, and the Court having dictated (if applicable) any special findings and conclusions into the record at the close of the hearing, IT IS HEREBY ORDERED, ADJUDGED and DECREED as follows: 1. The plan, which is incorporated herein by reference, complies with the applicable provisions of the Bankruptcy Code, 11 U.S.C. 101 - 1330. See 11 U.S.C. 1129(a)(1). 2. The proponent of the plan complies with the applicable provisions of section 1129. See 11 U.S.C. 1129(a)(2). 3. The plan has been proposed in good faith and not by any means forbidden by law. See 11 U.S.C. 1129(a)(3). 4. Any payment made or promised by the debtor or by any person issuing securities or acquiring property under the plan, for services or costs and expenses in the case or in connection with the case, or in connection with the plan and incident to this case, has been approved by, or is subject to the approval of, the Court as reasonable. See 11 U.S.C. 1129(a)(4). 5. The debtor has disclosed the identity and affiliations of any individual proposed to serve after confirmation of the plan, as a director, officer, or voting trustee of the reorganized debtor, an affiliate of thedebtor participating in a joint plan with the debtor, or a successor to the debtor under the plan and the identityof any insider that will be employed or retained by the reorganized debtor, and the nature of compensation for such insider. See 11 U.S.C. 1129(a)(5). 6. Any governmental regulatory commission with jurisdiction after confirmation of the plan, over the rates of the debtor (if applicable) has approved any rate change provided for in the plan, or such rate change is expressly conditioned on such approval. See 11 U.S.C. 1129(a)(6). 7. With respect to each impaired class of claims or interest of such class, being class or classes ___________, each holder of a claim or interest of such class has accepted the plan or will receive or retain under the plan on account of such claim or interest property of a value, as of the Effective Date of the plan, thatis not less than the amount that such holder would so receive or retain if the debtor were liquidated under Chapter 7. If section 1111(b)(2) applies, such class will receive or retain under the plan, property of a value,as of the Effective Date of the plan, not less than the value of such holder*s interest in the estate*s interest inthe property securing claim. See 11 U.S.C. 1129(a)(7). 8. The Certificate of Vote attached as Exhibit A hereto discloses those classes that have accepted the plan,those classes that have rejected the plan, those classes that are not impaired under the plan, and those classes which have rejected but are being treated (if applicable) by plan treatment permitted under sections 1129(b)(1) and (b)(2) of the Bankruptcy Code. See 11 U.S.C. 1129(a)(8). <<<<<<<<<********>>>>>>>>>>>>> 2 9. Except to the extent that the holder of a particular claim has agreed to a different treatment of suchclaim, the plan provides that, with respect to a claim of a kind specified in section 507(a)(1) or 507(a)(2) ofthe Bankruptcy Code, being class or classes ______________, on the Effective Date of the plan, the holderof such claim will receive on account of such claim cash equal to the allowed amount of such claim. See 11U.S.C. 1129(a)(9)(A). 10. With respect to a class of claims of a kind specified in section 507(a)(3), being class or classes __________, 507(a)(4), 507(a)(5), 507(a)(6) and 507(a)(7) of the Bankruptcy Code, each holder of a claim of such class will receive, if such class has accepted the plan, deferred cash payments of a value, as of the Effective Date of the plan, equal to the allowed amount of such claim. Or, if such class has not accepted the plan, cash on the Effective Date of the plan equal to the allowed amount of such claim. See 11 U.S.C. 1129(a)(9)(B). 11. With respect to a claim of a kind specified in section 507(a)(8) of the Bankruptcy Code, being classor classes __________, the holder of such claim will receive on account of such claim deferred cash payments,over a period not exceeding six years after the date of assessment of such claim, of a value, as of the EffectiveDate of the plan, equal to the allowed amount of such claim. See 11 U.S.C. 1129(a)(9)(C). 12. If a class of claims is impaired under the plan, at least one class of claims that is impaired under theplan, being class or classes __________, has accepted the plan, determined without including any acceptanceof the plan by an insider. See 11 U.S.C. 1129(a)(10). 13. Confirmation of this plan is not likely to be followed by liquidation, or the need for further financialreorganization, of this debtor or any successor to the debtor under the plan, unless such liquidation or reorganization is proposed in the plan. See 11 U.S.C. 1129(a)(11). 14. All fees due and all quarterly fees payable to the United States Trustee have been paid as of theconfirmation date. 15. The plan provides (if applicable) for the continuation after its effective date of payment of any retireebenefits, as that term is defined in section 1114 of the Bankruptcy Code, at the level established pursuant tosection 1114(e)(1)(B) or (g) of the Bankruptcy Code, at any time prior to confirmation of the plan, for theduration of the period the debtor has obligated itself to provide such benefits. See 11 U.S.C. 1129(a)(13). 16. The plan is hereby determined to be fair and equitable and does not discriminate unfairly with regardto any class of claims or interests that is impaired under, and has not accepted, the plan. See 11 U.S.C. 1129(b)(1). 17. The plan is fair and equitable with respect to any rejecting class of secured claims (if applicable) andthe plan provides that holders of such claims retain the liens securing such claims, whether the property subjectto such liens is retained by the debtor or transferred to another entity, to the extent of the allowed amo
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