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In re Indianapolis Downs, LLC

United States Bankruptcy Court for the District of Delaware

486 B.R. 286 (2013)

Facts

After filing for bankruptcy under Chapter 11 of the United States Bankruptcy Code, Indianapolis Downs, LLC (debtor) received postpetition financing assistance from various creditors, including Fortress Investment Group, LLC (the restructuring-support parties). The proposed plan provided for payment of legal and administrative fees to the restructuring-support parties. Another group of creditors, including Oliver Estate, LLC (the Oliver parties), belonged to same class of creditors as the restructuring-support parties. The Oliver parties objected to the planned payment of professional fees as a violation of Bankruptcy Code § 1123(a)(4), which required that each member of the same class receive equal treatment.

Rule of Law

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Issue

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Holding and Reasoning (Shannon, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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