Vermont > Federal > Bankruptcy Court
Order Confirming Chapter 11 Plan - Vermont
| Order Confirming Chapter 11 Plan Form. This is a Vermont form and can be used in Bankruptcy Court Federal . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
VTB Form H 03/2008 UNITED STATES BANKRUPTCY COURT DISTRICT OF VERMONT In re: Case No. xx-xxxxx Chapter 11 Debtor(s) ORDER CONFIRMING CHAPTER 11 PLAN dgvDocuments WHEREAS, the Debtor-in-Possession filed a plan of reorganization on [date], [and the plan was amended on [date],] (hereafter referred to as "the plan"), and; WHEREAS, a hearing was held to consider confirmation of that plan of reorganization on [date], at which the following attorneys appeared on behalf of the following parties:_______________, _________________, _______________, _______________; and _____________ testified on behalf of the Debtor-in-Possession. Based upon the record before the Court, and arguments and evidence presented at the hearing(s) held in connection with this Plan, the Court HEREBY FINDS, pursuant to 11U.S.C. § 1129(a): (1) (2) (3) (4) the plan complies with the applicable provisions of Title 11; the proponent of the plan complies with the applicable provisions of Title 11; the plan has been proposed in good faith and not by any means forbidden by law; any payment made or to be made by the proponent, by the Debtor-in-Possession, or by a person issuing securities or acquiring property under the plan, for services or for costs and expenses in or in connection with this case, or in connection with the plan and incident to the case, has been approved by, or is subject to the approval of, the Court as reasonable; the proponent of the plan has disclosed the identity and affiliations of any individual proposed to serve, after confirmation of the plan, as the director, officer, or voting trustee of the Debtor-in-Possession, an affiliate of the Debtor-in-Possession participating in a joint plan with the Debtor-in-Possession, or a successor to the Debtor-in-Possession under the plan; and the appointment to, or continuance in, such office of such individual, is consistent with the interests of creditors and equity security holders and with public policy; and the proponent of the plan has disclosed the identity of any insider who will be employed or retained by the reorganized Debtor-in-Possession, and the nature of any compensation for such insider; any governmental regulatory commission with jurisdiction, after confirmation of the plan, over the rates of the Debtor-in-Possession has approved any rate change provided for in the plan, or such rate change is expressly conditioned on such approval; with respect to each impaired class of claims or interests(A) each holder of a claim or interest of such class (i) has accepted the plan; or American LegalNet, Inc. www.FormsWorkFlow.com (5) (6) (7) (B) will receive or retain under the plan an account of such claim or interest property of a value, as of the effective date of the plan, that is not less than the amount that such holder would so receive or retain if the Debtor-inPossession were liquidated under chapter 7 of Title 11 on such date; or if §1111(b)(2) of Title 11 applies to the claims of such class, each holder of a claim of such class will receive or retain under the plan on account of such claim property of a value, as of the effective date of the plan, that is not less than the value of such holder's interest in the estate's interest in the property that secures such claims. (ii) (8) with respect to each class of claims or interests (A) such class has accepted the plan; or (B) such class is not impaired under the plan; except to the extent that the holder of a particular claim has agreed to a different treatment of such claim, the plan provides that (A) with respect to a claim of a kind specified in § 507(a)(1) or 507(a)(2) of Title 11, on the effective date of the plan, the holder of such claim will receive on account of such claim cash equal to the allowed amount of such claim; (B) with respect to a class of claims of a kind specified in § 507(a)(3), 507(a)(4), 507(a)(5) or 507 (a)(6), or 507(a)(7), of Title 11, each holder of a claim of such class will receive (i) 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 (ii) if such class has not accepted the plan, cash on the effective date of the plan equal to the allowed amount of such claim; and (C) with respect to a claim of the kind specified in § 507(a)(8) of Title 11, 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 effective date of the plan, equal to the allowed amount of such claim; if a class of claims is impaired under the plan, at least one class of claims that is impaired under the plan has accepted the plan, determined without including any acceptance of the plan by any insider; confirmation of the plan is not likely to be followed by the liquidation, or the need for further financial reorganization, of the Debtor-in-Possession or any successor to the Debtor-in-Possession under the plan, unless such liquidation or reorganization is proposed in the plan; all fees payable under § 1930 of Title 28, as determined by the court at the hearing on confirmation of the plan, have been paid or the plan provides for the payment of all such fees on the effective date of the plan; and the plan provides for the continuation after its effective date of payment of all retiree benefits, as that term is defined in § 1114 of Title 11, at the level established pursuant to subsection (e)(I)(B) or (g) of § 1114 of Title 11, at any time prior to confirmation of the plan, for the duration of the period the Debtor-in-Possession has obligated itself to provide such benefits; American LegalNet, Inc. www.FormsWorkFlow.com (9) (10) (11) (12) (13) (14) the plan proponent has complied with [Vt. LBR 3020-1(a)(1) through (3) for confirmation achieved through 11 U.S.C. §1129(a);] [OR] [Vt. LBR 3020-1(b) for "cram-down" confirmation achieved through 11 U.S.C. §1129(b);] The plan proponent may include here any specific rulings made at the hearing, recitation of objections filed and the resolution of each objection, unusual provisions of the plan, or other directions to which all interested parties consent, e.g., with regard to retention of jurisdiction.] [(15) IT IS HEREBY ORDERED that the plan is confirmed; and IT IS FURTHER ORDERED that the proponent of the plan or the disbursing agent defined in the plan shall comply with Vt. LBR 3022-1 by filing the report of substantial consu
|
|||||||
