On direct appeal, 5th Cir. reversed and remanded bankruptcy court (SD Tx.) ruling that class of noteholders were impaired by solvent debtor's chapter 11 plan that provided creditors with full...
Summarized by Dean Langdon , DelCotto Law Group PLLC
10 years 1 month ago
Citation:
File Name 16a0018p.06; Docket No. 14-6521
Ruling:
Affirming the District Court for the Western District of Tennessee, the Sixth Circuit held that the single-asset real estate debtors' plan was not filed in good faith, and upheld dismissal of the...
Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
11 years 3 weeks ago
Citation:
In re Marlow Manor Downtown, LLC, No. AK-14-1122-JuKiKu (9th Cir. B.A.P. Feb. 6, 2015).
Ruling:
A chapter 11 debtor’s plan may not classify an under-secured creditor’s claim as entirely secured unless the creditor itself makes the section 1111(b)(2) election. (Not-for-publication...
Judge(s):
Meredith A. Jury, Ralph B. Kirscher, and Frank L. Kurtz, Bankruptcy Judges.
Summarized by Jason Forbes , Wells Fargo Business Credit, Inc.
11 years 9 months ago
Citation:
2014 U.S. App. LEXIS 8882, 2014 FED App. 0099P (6th Cir.), 6th Circuit Appellate Case No. 13-5764, on appeal from the United States District Court for the Eastern District of Tennessee at Case No. 2:12-cv-00463
Ruling:
The United States Court of Appeals for the Sixth Circuit held that the “absolute-priority rule” applies to individual Chapter 11 debtors; therefore, objecting impaired unsecured creditors must...
Judge(s):
Richard Fred Suhrheinrich
Eugene Edward Siler, Jr.
Raymond Kethledge
Joining with the Ninth Circuit’s conclusion in Matter of L&J Anaheim Associates, 995 F.2d 940 (9th Cir. 1993), the Fifth Circuit held that the Bankruptcy Code does not distinguish between...
