U.S. Code
»
Title 11
» Chapter CHAPTER 11— REORGANIZATION › Subchapter SUBCHAPTER II— THE PLAN
11 U.S.C. § 1128
Confirmation hearing
(a) After notice, the court shall hold a hearing on confirmation of a plan.(b) A party in interest may object to confirmation of a plan.(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2635.)Historical and Revision Notessenate report no. 95–989[Section 1129 (enacted as section 1128)] Subsection (a) requires that there be a hearing in every case on the confirmation of the plan. Notice is required.
Subsection (b) permits any party in interest to object to the confirmation of the plan. The Securities and Exchange Commission and indenture trustees, as parties in interest under section 1109, may object to confirmation of the plan.
Notes of Decisions
In re Global Indus. Tech., Inc., 645 F.3d 201 (3d Cir. 2011).
· cites it 2× “" 11 U.S.C. § 1128 (b). In applying the teachings of James Wilson and Amatex, we are guided by our previous statement that "[s]ection 1109(b) must be construed broadly to permit parties affected by a chapter 11 proceeding to appear and be heard.”
In re Cypresswood Land Partners, I, 409 B.R. 396 (Bankr. S.D. Tex. 2009).
· cites it 2× “] 11 U.S.C. § 1128 (b) states that “[a] party in interest may object to confirmation of a plan.”
Off. Comm. of Unsecured Creditors v. Michelson (In Re Michelson), 141 B.R. 715 (Bankr. E.D. Cal. 1992).
· cites it 2× “17 The notice and opportunity for hearing procedure that permits action without an actual hearing where the statute provides for “notice and a hearing” if nobody objects or requests a hearing is inapplicable. 11 U.”
In re Lettick Typografic, Inc., 103 B.R. 32 (Bankr. D. Conn. 1989).
· cites it 2× “Although no party in interest has objected, 11 U.S.C. § 1128 (b), and the Office of the United States Trustee has filed no comment suggesting that confirmation should be denied, 28 U.”
Big Shanty Land Corp. v. Comer Props., Inc., 61 B.R. 272 (N.D. Ga. 1985).
· cites it 2× “Pursuant to the order of the Bankruptcy Court, and with the consent of debtor, Stricklin devoted its time and money to submitting a plan.”
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