EVOQ Properties Inc.(fka EVOQ)

[drsandcrs]

Equityholders issues raised in BK court .....

Hartland Asset Mgmt et al submitted the following list of issues to the BK court to be determined in advance of the POR confirmation hearing ......


1. Whether the Debtor’s grant of an exclusive right to participate in a private placement constitutes unfair discrimination under 11 U.S.C. Section 1129(b).

2. Whether the Debtor’s plan is a “new value” plan within the meaning of Bank of America vs. 203 N. LaSalle St. Partnership, 526 U.S. 434 (1999).

3. Whether the Second Amended Plan’s third-party releases and injunctions render the plan unconfirmable.

4. Whether a plan is proposed in good faith within the meaning of 11 U.S.C. Section 1129(a)(3) when the plan provides private placement rights to insider management majority shareholders while releasing those insiders from their state law fiduciary obligations and simultaneously eliminates the interests of outside minority shareholders.