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Elkhorn Crossing, LLC, Ch. 12, BK16-80782 (Nov. 21, 2016)

The court denied confirmation of the debtor’s Chapter 12 plan and offered an opportunity to file an amended plan. The secured lender had objected to the reasonableness of the repayment terms proposed by the debtor for its three promissory notes. After performing a Till analysis, the court said that while the debtor’s proposed repayment schedule for its land loan with an original term of 16 years was not unreasonable, the debtor should include periodic adjustments of the interest rate over the repayment term in order to provide the creditor with the present value of its claim. Likewise, the debtor had not provided sufficient information for the court to determine whether the proposed 15-year repayment term for much shorter-term operating and term loans was appropriate under the circumstances of the case. Finally, live testimony would probably be necessary to make a feasibility determination.

Date: 
Monday, November 21, 2016