- Ag Docket
In this case, the Chapter 12 debtor proposed a reorganization plan that the court determined could not be confirmed because it was based on an assumption that a creditor's claim was less than what it actually was by almost $300,000. The plan also did not have, as of the plan's effective date, a value on account of the creditor's allowed secured claim in an amount not less than the allowed amount of such claim. The plan also delayed payment of principal and interest to the creditor until the plan's fourth year which the court determined was impermissible. In addition, the plan made unrealistic assumptions concerning the debtor's ability to make payments. In re Tucker Brothers, L.L.C., No. 13-22462, 2014 Bankr. LEXIS 4725 (Nov. 13, 2014).
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