The Confirmation Hearing. Under section 1128(a) of the Bankruptcy Code, the Bankruptcy Court, after notice, may hold a hearing to confirm a plan of reorganization. The Debtors will request, on the Petition Date, that the Bankruptcy Court set a combined hearing to approve the adequacy of information provided in this Disclosure Statement and confirm the Prepackaged Plan. This Confirmation Hearing may, however, be continued or adjourned from time to time without further notice to parties in interest other than an adjournment announced in open court or a notice of adjournment Filed with the Bankruptcy Court and served in accordance with the Bankruptcy Rules. Subject to section 1127 of the Bankruptcy Code and the Restructuring Support Agreement, the Plan may be modified, if necessary, prior to, during, or as a result of the Confirmation Hearing, without further notice to parties in interest. Additionally, section 1128(b) of the Bankruptcy Code provides that a party in interest may object to Confirmation. The Debtors, in the same motion requesting a date for the Confirmation Hearing, will request that the Bankruptcy Court set a date and time for parties in interest to file objections to Confirmation of the Prepackaged Plan. An objection to Confirmation of the Prepackaged Plan must be Filed with the Bankruptcy Court and served.
The Confirmation Hearing. If GLBR receives the requisite votes in favor of the Plan, then GLBR intends to file a voluntary petition for relief under chapter 11 of the Bankruptcy Code. Upon the commencement of the Chapter 11 Case, GLBR intends to request that the Bankruptcy Court schedule, as promptly as practicable, a hearing to approve this Disclosure Statement as containing adequate information within the meaning of section 1125(a) of the Bankruptcy Code and the solicitation of votes on the Plan as being in compliance with section 1126(b) of the Bankruptcy Code, and to confirm the Plan. Even if GLBR does not receive the requisite votes in favor of the Plan prior to filing its petition, GLBR may decide to file for chapter 11 relief and seek confirmation of the Plan or a modified plan. Section 1128(a) of the Bankruptcy Code requires that the Bankruptcy Court, after notice, hold a hearing to confirm a plan. Section 1128(b) provides that a party-in-interest may object to confirmation of a plan. Objections to confirmation must be filed with the Bankruptcy Court and served on the Debtor as well as the other parties set forth in the notice of the Confirmation Hearing (the “Notice of Confirmation Hearing”) by the objection deadline, as will be set forth therein. The Notice of Confirmation Hearing shall be provided to, among others, Holders of Claims entitled to vote on the Plan, or their representatives, as set forth in an order of the Bankruptcy Court and governed by the Bankruptcy Rules and local rules of the Bankruptcy Court. At the Confirmation Hearing, the Bankruptcy Court will: ● determine whether the solicitation of votes on the Plan was in compliance with section 1126 of the Bankruptcy Code; ● determine whether the Plan has been accepted by a sufficient number and amount of Class 3 Claims; ● determine whether this Disclosure Statement contains adequate information within the meaning of section 1125(a) of the Bankruptcy Code; ● hear and determine objections, if any, to confirmation of the Plan that have not been previously disposed of; ● determine whether the Plan meets the confirmation requirements of the Bankruptcy Code; and ● determine whether to confirm the Plan.
The Confirmation Hearing. 24. The Confirmation Hearing was held on January 25, 2007.
The Confirmation Hearing. EBS intends to file a voluntary petition to commence the Chapter 11 Case and will request that the Court schedule a hearing to consider confirmation of the Plan (the “Confirmation Hearing”), as soon as possible, at the United States Bankruptcy Court for the Southern District of New York, Xxx Xxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000-0000. EBS will request confirmation of the Plan, as it may be modified from time to time, under section 1129(b) of the Bankruptcy Code and consistent with the terms, conditions, and consent and consultation rights set forth in the Restructuring Support Agreement, and has reserved the right to modify the Plan to the extent, if any, that confirmation pursuant to section 1129(b) of the Bankruptcy Code requires modification.
The Confirmation Hearing. Section 1128(a) of the Bankruptcy Code requires a bankruptcy court, after notice, to conduct a hearing to consider confirmation of a chapter 11 plan. The Confirmation Hearing has been scheduled for [___], 2022 at [_:__ _m.] (prevailing Central Time) in Courtroom [__] of the United States Court for the Southern District of Texas, located at 000 Xxxx Xxxxxx, Houston, Texas 77002. The Confirmation Hearing may be adjourned from time-to-time without further notice except for the announcement of the adjournment date made at the Confirmation Hearing or a notice of adjournment filed with the Bankruptcy Court and served in accordance with the Bankruptcy Rules. In addition, the Bankruptcy Court has set the deadline to object to confirmation of the Plan as [___], 2022 at [_:__ _m.] (prevailing Central Time) (the “Objection Deadline”). Section 1128(b) of the Bankruptcy Code provides that any party in interest may object to the confirmation of a plan. Any objection to the Plan must: (1) be in writing; (2) comply with the Bankruptcy Rules and the Local Rules; (3) state the name and address of the objecting party and the amount and nature of the Claim or Interest beneficially owned by such entity; (4) state the legal or factual basis for such objections, and, if practicable, a proposed modification to the Plan that would resolve such objection; and (5) be filed with the Bankruptcy Court with proof of service thereof so as to be actually received by the Objection Deadline. Unless an objection to the Plan is timely served and filed, it may not be considered by the Bankruptcy Court.
