Friedman v. P+P, LLC (In re Friedman)

• Summarized by Lovee Sarenas , Sklar Hirsh
• 10 years 11 months ago

Citation:

None as of yet

Ruling:

In a 2-1 decision, the Bankruptcy Appellate Panel for the Ninth Circuit held that the absolute priority rule as set forth under 11 USC Sec. 1129(b)(2)(B)(ii) is inapplicable in individual chapter...

Judge(s):

Hon. Philip H. Brandt, appealed order denying confirmation of the Debtors' plan; Hon. James Marlar, appealed order converting the case to one under chapter 7. BAP: Majoriy decision: Hon. Ralph B. Kirscher and Hon. Scott Clarkson (by designation); Dissent: Hon. Meredith Jury

Tag(s):

• 9th Circuit
• Consumer Bankruptcy
• Consumer Debt
• Plan Confirmation
• § 541
• § 103
• § 1129
• § 1115

In re River East Plaza, LLC

• Summarized by David Kozlowski , Morrison Cohen LLP
• 11 years 2 months ago

Citation:

Case No. 11-3263 (7th Cir. Jan 19, 2012)

Ruling:

A secured creditor can object to a plan to protect its lien from unfavorable treatment, but a plan can be crammed down over objection provided one of three subsections of Bankruptcy Code §...

Judge(s):

Posner, Flaum, Sykes

Tag(s):

• 7th Circuit
• Automatic Stay
• Plan Confirmation
• Real Estate
• § 101
• § 362
• § 1129
• § 1111

Behrmann v. National Heritage Foundation, Inc.

• Summarized by Cara Murray , Whiteford Taylor Preston LLP
• 11 years 3 months ago

Citation:

John R. Berhmann v. Nat'l Heritage Foundation, Inc., ___ F.3d ___ (4th Cir. 2011) (Case No.:10-2015); 2011 U.S. App. LEXIS 24454

Ruling:

The United States Court of Appeals for the Fourth Circuit (the “Fourth Circuit”) held that equitable relief in the form of non-debtor release provisions in a plan of reorganization is...

Judge(s):

Before Traxler, Chief Judge, and Agee and Diaz, Circuit Judges (opinion by Judge Diaz)

Tag(s):

• 4th Circuit
• Plan Confirmation
• § 524
• § 1129

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