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Re: Straight post# 23640

Thursday, 11/11/2010 8:50:02 AM

Thursday, November 11, 2010 8:50:02 AM

Post# of 24889
The Debtors bear the burden to prove that the Plan complies with section 1129 of the Bankruptcy Code. In re Adelphia Communications Corp., 368 B.R. 140, n. 247 (Bankr. S.D.N.Y. 2007); In re Bally Total Fitness of Greater N.Y., Inc., No. 07-12395 (BRL), 2007 Bankr. LEXIS 4729 at 12 (Bankr. S.D.N.Y. Sept. 17, 2007). In order to prove compliance with section 1129 in the current context, the Debtors have the burden of proving by a preponderance of the evidence that the Projections and the Blackstone Plan Valuation do not allow for a distribution to the Lenders of a value greater than their secured claims. See generally In re Gramercy Twins Assoc., 187 B.R. 112, 122 (Bankr. S.D.N.Y. 1995) (burden of proof). The Debtors cannot meet that burden with respect to the Plan, the Projections, or the valuation, and thus the Plan cannot be confirmed.

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

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