John Hancock Mutual Life Insurance v. Roswell-Hannover Joint Venture (In Re Roswell-Hannover Joint Venture)

ORDER

JOYCE BIHARY, Bankruptcy Judge.

The issue in this Chapter 11 single asset real estate case is whether debtor’s proposed plan, which places the secured creditor’s deficiency claim in a separate class from other unsecured creditors, is uncon-firmable. After considering the evidence, argument of counsel and the parties’ briefs, the Court concludes that the classification scheme proposed is improper, and the plan is unconfirmable.

The procedural posture and the pertinent facts are as follows. This case is before the Court on a motion for relief from the automatic stay filed by John Hancock…