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Published on 12/4/2020 in the Prospect News Distressed Debt Daily.

Tonopah Solar Energy gets 45-day extension of exclusive plan periods

By Sarah Lizee

Olympia, Wash., Dec. 4 – Tonopah Solar Energy, LLC secured a 45-day extension of its exclusive periods to file and solicit votes on a Chapter 11 plan, according to an order filed Friday in the U.S. Bankruptcy Court for the District of Delaware.

The court extended the plan filing period through Jan. 11 from Nov. 27 and the solicitation period through March 12 from Jan. 26.

The debtor said in its motion that while it has already filed a plan, obtained approval of the disclosure statement and solicited acceptance, its efforts have been complicated by challenges to its request to use cash collateral, obtain approval of the disclosure statement and achieve confirmation of the plan.

“Such challenges have required the debtor to expend substantial time and resources to rebut various allegations, address issues of standing, file a substantive claim objection and engage in discovery, all of which has injected additional issues and complexity into the Chapter 11 case and extended the initially contemplated period to consider confirmation of the plan,” the company said in its motion.

“The complexity of the issues addressed, and the time, effort and planning required to obtain the progress made thus far have delayed confirmation of the plan and warrant an extension of the exclusive periods.”

Santa Monica, Calif.-based Tonopah constructs, owns and operates the Crescent Dunes Solar Energy Project. The company filed bankruptcy on July 30 under Chapter 11 case number 20-11884.


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