Prima Wawona’s plan releases draw pushback from U.S. trustee

By Sarah Lizee

Olympia, Wash., Feb. 1 – MVK FarmCo LLC’s (Prima Wawona) Chapter 11 plan of liquidation drew an objection from Regions 3 and 9 U.S. trustee Andrew R. Vara, according to documents filed Wednesday with the U.S. Bankruptcy Court for the District of Delaware.

Vara said he objects to confirmation of the plan because it imposes a broad third-party release on creditors deemed to reject the plan.

The U.S. trustee said he also objects because the plan purports to be a general settlement of claims, it exculpates non-fiduciaries, and it calls for a discharge where the debtors are not entitled to one.

The confirmation hearing is scheduled for Feb. 28.

Prima Wawona is a Fresno, Calif.-based producer of stone fruit. The company filed bankruptcy on Oct. 13 under Chapter 11 case number 23-11721.

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