Debtor is a limited partnership with one major asset, a golf course and clubhouse, Death Valley CC,
Question:
Debtor is a limited partnership with one major asset, a golf course and clubhouse, "Death Valley CC," valued at $5 million. Bank did the financing for Debtor, and at the time of the chapter 11 filing holds a mortgage on the Death Valley property to secure a debt of $8 million, at 9% interest. Debtor has unsecured trade and wage claims of $100,000.
The Bank debt was in default by $200,000 at the time of filing, and Bank has accelerated the principal due on the note. Debtor proposes a plan that would cure the default of $200,000 over a 3-year period, with interest, and reinstate the original terms of the 9% note. Current market interest rates are 11%.
Can this plan be confirmed over Bank's objection?
Class 1: Bank's secured claim of $5 million. This claim is to be paid in full at 9% interest in 5 years.
Class 2: Unsecured claims of less than $200, which will be paid in full in cash on the effective date.
Class 3: Bank's unsecured claim of $3 million, which will be paid 100 on the dollar in 5 annual cash payments at 9% interest.
Class 4: All unsecured claims other than those in Classes 2 and 3, which will be paid 99 on the dollar in cash on the effective date of the plan.
Debtor's partners would retain ownership of Death Valley CC.
Same facts as above, except that Class 3 would be paid 20 on the dollar over 5 years at 9%, and Class 4 would be paid 20 in cash on the effective date.
Can this plan be confirmed over Bank's objection?