In Re Vita Corp.
United States Bankruptcy Court, C.D. Illinois
1Opinion of the Court
OPINION
THOMAS L. PERKINS, Chief Judge.
In this Opinion, the Court joins a clear majority of courts in holding that an impaired class that fails to vote to reject a Chapter 11 plan is not deemed to have accepted the plan.
The Debtor, VITA CORP. (DEBTOR), operates an Old Chicago restaurant franchise in Peoria, Illinois. It filed a voluntary petition under Chapter 11 on January 25, 2006 and continues to operate its business as debtor in possession. The DEBTOR’S Plan of Reorganization creates nine classes of creditors, six of which are impaired. Of those six, three have affirmatively accepted the…
2Cases cited14 opinions
- In Re Genesis Health Ventures, Inc.United States Bankruptcy Court, D. Delaware · 2001
- United States Ex Rel. Farmers Home Administration v. Arnold & Baker Farms (In Re Arnold & Baker Farms)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- Bell Road Investment Co. v. M. Long Arabians (In Re M. Long Arabians)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
- In Re Repurchase Corp.United States Bankruptcy Court, N.D. Illinois · 2005
- In Re Townco Realty, Inc.United States Bankruptcy Court, S.D. Florida. · 1987
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- In Re Multiut Corp.United States Bankruptcy Court, N.D. Illinois · 2011
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