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In re: PHA Lighting Design, Inc., BK 10-74787, Doc. #86

Chapter 11 Plan Confirmation denied as neither fair nor equitable and for failure to comply with the "absolute priority rule" of 11 U.S.C. section 1129(b).  Debtor's principle sought to retain 100% of his stock in the Debtor and retain a $150,000 salary per year.  The shareholder's legally unenforceable "commitment" to cover operating losses for the first year after the confirmation of the plan did not satisfy the absolute priority rule under a plan which proposed to pay only $17,441 to non-insider unsecured creditors over four years when they were owed $600,000.  

File: 
Date: 
05/31/2011