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Re: famous post# 23657

Thursday, 11/11/2010 8:46:41 AM

Thursday, November 11, 2010 8:46:41 AM

Post# of 24889
Fundamentally the Plan cannot be confirmed unless each impaired class votes to accept 11 U.S.C. § 1129(a)(8). Here, the proposed Plan extinguishes Common Stock, deeming that class to reject the proposed Plan. 11 U.S.C. § 1126(g). Accordingly, the Court can only confirm the proposed Plan if the Debtors prove, among other things, that the proposed Plan is “fair and equitable” by adhering to the absolute-priority rules and that the proposed Plan does not unfairly discriminate against the holders of Common Stock.

'Courts of bankruptcy are essentially courts of equity, and their proceedings inherently are proceedings in equity.'

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