Legal Opinion

PVP Industries, Inc. v. Millburn Peat Co.

District Court, N.D. Indiana

Decided February 15, 2008No. 1:07 CV 41 PS, 1:07 CV 42 PSPublished

1Opinion of the Court

OPINION AND ORDER

PHILIP P. SIMON, District Judge.

On November 17, 2006, Bankruptcy Judge Robert Grant confirmed the proposed Chapter 11 plans of Debtors Mill-burn Peat Company (“Millburn”) and Green Thumb of Indiana, L.L.C. (“GT Indiana”) 1 over the objection of P.V.P. Industries, Inc., one of Debtors’ unsecured creditors. P.V.P. claimed that the plans were not fair and equitable as required by 11 U.S.C. § 1129, because they allowed 1 st Source Bank, Debtor’s largest creditor, to be paid more than the value of its secured claim. The court relied on a stipulation between Debtors and P.V.P. that…

2Cases cited13 opinions

In the Matter Of: Unr Industries, Inc., Debtors. Appeals of Unarco Bloomington Factory WorkersCourt of Appeals for the Seventh Circuit · 1994
In Re Focus Media, Inc., Debtor, Focus Media, Inc. v. National Broadcasting Company Inc. Abc Inc. Paxson Communications Inc.Court of Appeals for the Ninth Circuit · 2004
In Re Edwin R. Smith, Debtor-Appellee. Appeal of Jerry WatsonCourt of Appeals for the Seventh Circuit · 2002
Bankr. L. Rep. P 75,398 in the Matter of Specialty Equipment Companies, Inc., a Delaware Corporation, and Spe Acquisition, Inc., a Delaware Corporation, Debtors-Appellees, and Official Unsecured Creditors Committee, Intervening and General Electric Capital Corporation, Mitsui Nevitt Capital Corporation, Credit Du Nord, Sun Life Insurance Company of America, and Wells Fargo Bank, the Senior Lenders, Appeal of Melvin C. Nielsen, Peter C. Kostantacos, and Shirlie CrooksCourt of Appeals for the Seventh Circuit · 1993
In The Matter Of Saybrook Manufacturing Co., Inc.Court of Appeals for the Eleventh Circuit · 1992

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