Chapter 11

Denial of Confirmation


The court may deny  confirmation of every plan that has been filed, and denial of a request for an extension of time to file another plan or to modify a plan Bankruptcy Code §1112(b)(5);

Revoke a confirmation order and denial of confirmation of a different or a modified plan Bankruptcy Code §1112(b)(6);

For:

(1) Inability to substantially consummate a plan that has been confirmed Bankruptcy Code §1112(b)(7);

(2) A material default by the bankruptcy debtor concerning a plan that has been confirmed

(3) Termination of a plan by the happening of a condition contained in the plan

(4) Failure to pay any necessary fees or charges imposed under chapter 123 of title 28

(5) Failure to file the information required by Bankruptcy Code section 521

(6) and a list of the creditors holding the twenty largest unsecured claims with their amounts within fifteen days after the filing of the Chapter 11 petition. (Note: This ground applies only in a voluntary case, upon a request made by the United Stales trustee)
 

Conversion to Chapter 12 or 13: The court may convert a Chapter 11 case to a Chapter 12 or 13 case only if the following elements are present

(1) The debtor requests the conversion;

(2) The bankruptcy debtor has not received a Chapter 11 discharge; and

(3) If the conversion sought by the debtor is to Chapter 12, the court finds that the conversion is equitable Bankruptcy Code §1112(d)(3)].

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