In Re Terry Fleming Sr.

I. BACKGROUND

This consolidated appeal concerns whether the Bankruptcy Court erred in confirming the Chapter 11 plan in the bankruptcy of Terry Lee Fleming, Sr. (“Debtor”). See Dkt. 19 (consolidating appeals from three orders). On June 9, 2021, the Bankruptcy Court confirmed the Joint Chapter 11 Plan of Reorganization put forward by three proponents: Debtor; Terry Lee Fleming, Jr., Debtor’s son; and Landing. ER 3445–67.1 Debtor owns a 45 percent interest in Landing, and Fleming, Jr. owns the remaining 55 percent interest. The Bankruptcy Court confirmed the 2021 Plan as a “cram down” over the dissent of HLI, a secured creditor. Debtor had previously invested in a real estate project with HLI that ultimately led to litigation. ER 4–5. In February 2015, the Orange County Superior Court entered a judgment in the amount of $3,694,353.00 against Debtor and in favor of HLI. ER 5. Including accrued interest, the Bankruptcy Court calculated that the value of HLI’s Class 1 Secured Claim (the “Claim”) was $5,399,623 as of April 30, 2019. ER 1106; ER 3717. A Chapter 11 plan was confirmed in 2019, and then vacated on appeal. As this appeal concerns overlapping issues, the Court…