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Re: everett7 post# 738

Thursday, 05/22/2014 7:46:40 PM

Thursday, May 22, 2014 7:46:40 PM

Post# of 804
I think that the objection from the US trustee is a heavy argument for the court not to grant the pre-packet BC plan.

http://www.kccllc.net/dolan/document/1410614140424000000000008

And I think the conclusion is pretty clear.

".. CONCLUSION
50. The Disclosure Statement should not be approved. The Plan should not be
confirmed. This is a purported prepackaged bankruptcy case in which the plan proponent seeks to
utilize the expedited provisions applicable to prepackaged bankruptcy cases to prejudice rather
than to enhance the rights of creditors and interest holders. The Disclosure Statement contains
numerous material omissions rendering it inadequate.
51. The Plan should not be confirmed. The Plan has not been solicited to all classes of
impaired claims. The Separation Agreements violate the Bankruptcy Code and may not be
assumed through the Plan. The claim resolution procedure proposed would permit the Debtor to
forum shop at its convenience. The Plan contains overbroad release and exculpation provisions.
[rest of page intentionally blank].
Case 14-10614-BLS Doc 202 Filed 04/24/14 Page 20 of 21
21
52. The U. S. Trustee reserves all rights and leaves the parties to their burden of proof,
and prays that confirmation of the Plan and approval of the Disclosure Statement be denied.

So the big question is what information the EC has asked the court to seal.

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