The Debtors bear the burden to show, by a preponderance of the evidence, that equity is not legally entitled to a recovery. They have not, and cannot, do so. Therefore, the Debtors cannot "cran1-down" the plan on Common Stock holders because the Plan is not fair and equitable within the meaning of section ll29(b) of the Bankruptcy Code. The Plan also unfairly discriminates against the Common Stock holders by stripping them of their rightful value.
'Courts of bankruptcy are essentially courts of equity, and their proceedings inherently are proceedings in equity.'