In re Akinpelu

ORDER DENYING CONFIRMATION OF PLAN

Mary Grace Diehl, U.S. Bankruptcy Court Judge

This case presents two issues of first impression in the Eleventh Circuit: (1) whether separate classification of unsecured claimants is permissible in a Chapter 11 plan of reorganization in order to create an impaired, consenting class as required by 11 U.S.C. § 1129(a)(10); and, (2) whether the absolute priority rule is *824applicable post-BAPCPA1 in Chapter 11 cases where the debtor is an individual. These issues arise in connection with the Amended Proposed Combined Plan of Reorganization and Disclosure Statement…