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IN RE BERWICK BLACK CATTLE CO.

Nos. 06-82166, 06-82165.

394 B.R. 448 (2008)

In re BERWICK BLACK CATTLE COMPANY, Debtor. In re Mark Ray, Debtor.

United States Bankruptcy Court, C.D. Illinois.

September 23, 2008.

Attorney(s) appearing for the Case

Robert Fishman, Gordon Gouveia, Shaw, Gussis, Fishman, Glantz, Wolfson & Towbin LLC, Chicago, IL, for Debtors.

Brian M. Graham, Smith Amundsen, LLC, Chicago, IL, for High Plains Farm Credit.

Ivan J. Reich, Becker & Poliakoff, Fort Lauderdale, FL, Richard M. Bendix, Jr., Schwartz Cooper, Chicago, IL, for Official Committee of Creditors Holding Unsecured Claims.

John P. Sieger, Andrew Wool, Katten, Muchin, Rosenman, LLP, Chicago, IL, for Ward Feed Yard.

Sabrina M. Petesch, Peoria, IL, U.S. Trustee.

OPINION

THOMAS L. PERKINS, Chief Judge.

This matter came before the Court for hearing on confirmation of the First Amended Joint Chapter 11 Plan of Reorganization ("Plan") filed by the Debtors, Berwick Black Cattle Company and Mark D. Ray ("Debtors"). Because the Plan contains two inappropriate third-party release provisions, confirmation will be denied.

FACTUAL AND PROCEDURAL BACKGROUND

On December 26, 2006, involuntary petitions...

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