Legal Opinion
In Re Kamell
United States Bankruptcy Court, C.D. California
Decided May 4, 2011No. 8:10-bk-15501PublishedCited by 21 opinions
1Opinion of the Court
AMENDED ORDER DENYING CONFIRMATION OF DEBTOR’S FIRST AMENDED CHAPTER 11 PLAN OF REORGANIZATION
THEODOR C. ALBERT, Bankruptcy Judge.
This case involves the perplexing question of whether the “absolute priority rule” survives the BAPCPA 1 amendments to individual Chapter 11 proceedings. This question has divided bankruptcy courts across the country. The court appreciates the learned and eloquent opinions of some judges to the contrary. But this court finds that there is no good reason to conclude that Congress intended to abrogate this long-standing and important centerpiece of Chapter 11…
2Cases cited20 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Duncan v. WalkerSupreme Court of the United States · 2001
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
15 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- In Re: Ganess MaharajCourt of Appeals for the Fourth Circuit · 2012
- Dill Oil Company, LLC v. StephensCourt of Appeals for the Tenth Circuit · 2013
- Friedman v. P+P, LLC (In Re Friedman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- In Re MattsonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- David Zachary v. California Bank & TrustCourt of Appeals for the Ninth Circuit · 2016
16 more not listed; retrieve them via the Exa API.