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Bar News - December 14, 2012

Bankruptcy Court Opinion Summary

Note: The full text of the opinion below will be available on the Bankruptcy Court’s website.

In re Moultonborough Hotel Group, LLC, 2012 BNH 006, issued November 8, 2012 (Deasy, J.) (unpublished) (finding that the plan provision releasing claims against the debtor’s principle and manager, pursuant to 11 U.S.C. § 1123(b)(3)(A), was a reasonable exercise of business judgment by the debtor in possession, but denying confirmation because the proposed cramdown interest rate which provided for no upward risk adjustment from the current prime rate did not satisfy the requirements of 11 U.S.C. § 1129(b)(2)(A)(i) and the rationale of Till v. SCS Credit Corp, 541 U.S. 465 (2004)).

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