In re Junior Olivera Fitness, LLC 26-40287
This matter came before the Court on the United States Trustee's limited objection to confirmation of the Debtor's Subchapter V plan. One impaired class of creditors in the Debtor's plan did not submit a ballot. The Debtor argued that the plan could be confirmed under § 1191(a) as a consensual plan. The Trustee said that, because of the non-voting impaired creditor, it must be confirmed under § 1191(b). The Court found that silence cannot be construed as an acceptance and confirmed the plan under § 1191(b).
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Thursday, September 10, 2026