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Opinion 197

Case Name: 

In re Jeppson, 66 B.R. 269 (Bankr.D.Utah)

Judge: 
Judge Clark
Date: 
Aug-15-1986
Case Number(s): 
84C-0380
Status: 

PUBLISHED

Body: 

Bank, chapter 11 debtors' largest secured creditor, sought confirmation of a plan it submitted to the court without having obtained approval of a disclosure statement and without soliciting votes on its plan from all parties in interest. Bank argued it could "cram down" its liquidating plan and, therefore, voting would be meaningless. The court held that submission of an approved disclosure statement and ballots with a proposed plan is a prerequisite to commencement of a confirmation hearing. Therefore, bank's failure to obtain approval of a disclosure statement and to solicit votes on its proposed plan rendered the plan not confirmable, even if creditor could cram down a liquidating plan over dissenting votes.

Internal Ref: 
Opinion 197
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