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07-Dec-2017 21:16

10505) One American Place 301 Main Street, Suite 1600 Baton Rouge, LA 70801-1916 Telephone: (225) 381-9643 E-mail: [email protected] - AND - Patrick (“Rick”) M. The Debtors’ Discussion Of Feasibility Is Fact-Intensive And Premature, Making The Attempted Bar Of The Entire Subject As A Matter Of Law Wholly Inappropriate For Summary Judgment Or A Motion In Limine At This Stage.24 A. The Bankruptcy Code Requires Even A Plan Of Liquidation To Be Feasible When The Successful Performance Of Its Terms Is Dependent Or Contingent Upon Any Future, Uncertain Event……………………………..20 III. 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).............................................................................................. 291, 297 (1991) (“Ordinarily, liens and other secured interests survive bankruptcy.”); Johnson v. The Bankruptcy Code contains certain exceptions to this default rule (see, e.g., 11 U. Robin Russell co-chairs the firm's national bankruptcy and restructuring practice. in in- and out-of-court corporate restructuring and reorganization as well as providing strategic advice to corporate clients and independent boards on the legal risks associated with counterparty insolvency and the structuring of corporate acquisitions to minimize economic risks in the event of a counterparty’s subsequent financial distress. See, e.g., Ahern, 507 F.3d at 823 (filing a proof of claim as an unsecured priority creditor constitutes participation); In re Regional Bldg. 2001) (participation is found where the creditor sat on the unsecured creditors' committee and filed a proof of unsecured claim, yet failed to object to confirmation of the plan after the realization of settlement proceeds that would have rendered its claim partially secured); Greater Am. Like the Second Circuit, the Seventh Circuit in In re Pajian, 785 F.3d 1161 (7th Cir.

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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.

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.

cv3123 : : : : : : : : MAGISTRATE JUDGE HORNSBY : : : JUDGE HICKS PLAINTIFFS’ OPPOSITION TO DEBTORS’ AND THE FIRST LIEN PARTIES’ MOTION FOR PARTIAL SUMMARY JUDGMENT OF GLOBAL’S BREACH OF CONTRACT CLAIM AND FEASIBILITY DEFENSE AND MOTION IN LIMINE CONCERNING FEASIBILITY Respectfully submitted, GORDON, ARATA, MCCOLLAM, DUPLANTIS & EAGAN, LLC _ By: _/s/ Louis M. Whether Global repudiated the APA is an issue of fact for trial as the Debtors failed to meet their burden to show that Global “clearly and unequivocally” repudiated the APA………………………………………………………......26 2.

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.

Following is the current index for The Bankruptcy Data Source.



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