**UNITED STATES BANKRUPTCY COURT**

**DISTRICT OF VERMONT**

**In re:**

> **Debtor(s)**

**[[Order Confirming Chapter 11 Plan]{.underline}]{.smallcaps}**

            WHEREAS, the Debtor-in-Possession filed a plan of
reorganization on \[date\], \[and the plan was amended on \[date\],\]
(hereafter referred to as "the plan"), and;

            WHEREAS, a hearing was held to consider confirmation of that
plan of reorganization on \[date\], at which the following attorneys
appeared on behalf of the following
parties:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_; and \_\_\_\_\_\_\_\_\_\_\_\_\_ testified
on behalf of the Debtor-in-Possession.

            Based upon the record before the Court, and arguments and
evidence presented at the hearing(s) held in connection with this Plan,
the Court HEREBY FINDS, pursuant to 11U.S.C. § 1129(a):

> (1)       the plan complies with the applicable provisions of Title
> 11;

 

> (2)       the proponent of the plan complies with the applicable
> provisions of Title 11;

 

> (3)       the plan has been proposed in good faith and not by any
> means forbidden by law;

 

> (4)       any payment made or to be made by the proponent, by the
> Debtor-in-Possession, or by a person issuing securities or acquiring
> property under the plan, for services or for costs and expenses in or
> in connection with this case, or in connection with the plan and
> incident to the case, has been approved by, or is subject to the
> approval of, the Court as reasonable;

 

>  (5)       the proponent of the plan has disclosed the identity and
> affiliations of any individual proposed to serve, after confirmation
> of the plan, as the director, officer, or voting trustee of the
> Debtor-in-Possession, an affiliate of the Debtor-in-Possession
> participating in a joint plan with the Debtor-in-Possession, or a
> successor to the Debtor-in-Possession under the plan; and the
> appointment to, or continuance in, such office of such individual, is
> consistent with the interests of creditors and equity security holders
> and with public policy; and the proponent of the plan has disclosed
> the identity of any insider who will be employed or retained by the
> reorganized Debtor-in-Possession, and the nature of any compensation
> for such insider;

 

> (6)       any governmental regulatory commission with jurisdiction,
> after confirmation of the plan, over the rates of the
> Debtor-in-Possession has approved any rate change provided for in the
> plan, or such rate change is expressly conditioned on such approval;

 

> (7)       with respect to each impaired class of claims or interests-
>
> (A)      each holder of a claim or interest of such class -
>
> (i)        has accepted the plan; or

 

> (ii)       will receive or retain under the plan an account of such
> claim or interest property of a value, as of the effective date of the
> plan, that is not less than the amount that such holder would so
> receive or retain if the Debtor-in-Possession were liquidated under
> chapter 7 of Title 11 on such date; or
>
> \(B\) if §1111(b)(2) of Title 11 applies to the claims of such class,
> each holder of a claim of such class will receive or retain under the
> plan on account of such claim property of a value, as of the effective
> date of the plan, that is not less than the value of such holder's
> interest in the estate's interest in the property that secures such
> claims.

 

> (8)       with respect to each class of claims or interests -
>
> (A)      such class has accepted the plan; or
>
> (B)      such class is not impaired under the plan;

 

> (9)       except to the extent that the holder of a particular claim
> has agreed to a different treatment of such claim, the plan provides
> that -
>
> (A)      with respect to a claim of a kind specified in § 507(a)(1) or
> 507(a)(2) of Title 11, on the effective date of the plan, the holder
> of such claim will receive on account of such claim cash equal to the
> allowed amount of such claim;
>
> (B)      with respect to a class of claims of a kind specified in §
> 507(a)(3), 507(a)(4), 507(a)(5) or 507 (a)(6), or 507(a)(7), of Title
> 11, each holder of a claim of such class will receive
>
> \(i\) if such class has accepted the plan, deferred cash payments of a
> value, as of the effective date of the plan, equal to the allowed
> amount of such claim; or
>
> (ii)       if such class has not accepted the plan, cash on the
> effective date of the plan equal to the allowed amount of such claim;
> and

(C) with respect to a claim of the kind specified in § 507(a)(8) of
    Title 11, the holder of such claim will receive on account of such
    claim deferred cash payments, over a period not exceeding six years
    after the date of assessment of such claim, of a value, as of the
    effective date of the plan, equal to the allowed amount of such
    claim;

> (10)     if a class of claims is impaired under the plan, at least one
> class of claims that is impaired under the plan has accepted the plan,
> determined without including any acceptance of the plan by any
> insider;

 

> (11)     confirmation of the plan is not likely to be followed by the
> liquidation, or the need for further financial reorganization, of the
> Debtor-in-Possession or any successor to the Debtor-in-Possession
> under the plan, unless such liquidation or reorganization is proposed
> in the plan;

 

> (12)     all fees payable under § 1930 of Title 28, as determined by
> the court at the hearing on confirmation of the plan, have been paid
> or the plan provides for the payment of all such fees on the effective
> date of the plan; and

 

> (13)     the plan provides for the continuation after its effective
> date of payment of all retiree benefits, as that term is defined in §
> 1114 of Title 11, at the level established pursuant to subsection
> (e)(I)(B) or (g) of § 1114 of Title 11, at any time prior to
> confirmation of the plan, for the duration of the period the
> Debtor-in-Possession has obligated itself to provide such benefits;

 

> (14)     the plan proponent has complied with \[Vt. LBR 3020-1(a)(1)
> through (3) for confirmation achieved through 11 U.S.C. §1129(a);\]
> \[OR\] \[Vt. LBR 3020-1(b) for "cram-down" confirmation achieved
> through 11 U.S.C. §1129(b);\]

 

> \[(15)    The plan proponent may include here any specific rulings
> made at the hearing, recitation of objections filed and the resolution
> of each objection, unusual provisions of the plan, or other directions
> to which all interested parties consent, e.g., with regard to
> retention of jurisdiction.\]

            IT IS HEREBY ORDERED that the plan is confirmed; and

            IT IS FURTHER ORDERED that the proponent of the plan or the
disbursing agent defined in the plan shall comply with Vt. LBR 3022-1 by
filing the report of substantial consummation and the motion for final
decree no later than 180 days after the entry of this Order confirming
the plan, unless the Court, for cause shown, extends the time upon
motion filed and served within this 180-day period; and

            IT IS FURTHER ORDERED that the proponent of the plan or the
disbursing agent defined in the plan shall file with the Court and serve
on the Office of the U.S. Trustee an affidavit showing all cash
disbursements for each month after confirmation of the case in a form
acceptable to the United States Trustee. The affidavit shall be in a
form acceptable to the U.S. Trustee and shall be due on the last day of
the month after the month reported. The duty to file the monthly
affidavit shall cease upon the entry of the final decree, the conversion
of the case to another chapter under Title 11 of the United States Code,
or the dismissal of the case. The affidavit shall disclose all
disbursements for the reorganized Debtor-in-Possession by stating the
total amount of payments made in that month pursuant to the plan, with a
subtotal of payments for each class defined in the plan. The affidavit
will further disclose whether the total amount paid to each class
complies with the terms of the plan, is in a lesser amount, or whether
there is a good faith dispute about the amount owed; the administrative
expenses paid; and a total of cash disbursements made in the ordinary
course of the Debtor-in-Possession's ongoing operations; and

            IT IS FURTHER ORDERED that the Debtor-in-Possession shall
pay a sum certain determined by the Office of the U.S. Trustee to the
Office of the U.S. Trustee for fees due pursuant to 28 U.S.C. §
1930(a)(6), plus any applicable interest due pursuant to 31 U.S.C. §
3717, within ten (10) days of the entry of this Order and to continue to
make timely quarterly payments to the Office of the U.S. Trustee
pursuant to 28 U.S.C. § 1930(a)(6) and pursuant to 31 U.S.C. § 3717, if
applicable, until the entry of the final decree, the conversion of the
case to another chapter under Title 11 of the United States Code, or the
dismissal of the case.

            **SO ORDERED**.

 

Date:\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Rutland, Vermont Colleen A. Brown

> United States Bankruptcy Judge