I Would Do Anything For Confirmation, But I Won’t Do That

Law360, New York (May 23, 2013, 12:04 PM EDT) -- Despite a valiant effort by the United States Bankruptcy Court for the District of New Mexico to give the debtor the benefit of every conceivable doubt, the debtor in In re Deming Hospitality LLC was unable to obtain approval of its proposed disclosure statement over the objections of, among others, a junior lien holder. The junior lien holder objected to approval of the debtor’s proposed disclosure statement on the grounds that the debtor’s proposed Chapter 11 plan was “facially unconfirmable.”

The debtor’s proposed plan provided the...
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