Legal Opinion

In Re Shat

United States Bankruptcy Court, D. Nevada

Decided February 22, 2010No. 19-10475PublishedCited by 36 opinions

1Opinion of the Court

OPINION ON ABSOLUTE PRIORITY RULE

BRUCE A. MARKELL, Bankruptcy Judge.

Martin and Anjanette Shat (“Debtors ”) filed for bankruptcy protection under chapter 11 on November 5, 2008. On August 20, 2009, they filed their Third Amended Plan of Reorganization (“Plan ’’l, 1 which the court orally confirmed on October 13, 2009.

The only contested issue at the confirmation hearing was whether the “absolute priority” rule of 11 U.S.C. § 1129(b)(2)(B)(ii) applies to individual chapter 11 debtors after passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Pub.L. No. 109-8 (2005)…

2Cases cited30 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. Caminetti v. United StatesSupreme Court of the United States · 1917
  4. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  5. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000

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3Cited by36 opinions

  1. In Re OkosisiUnited States Bankruptcy Court, D. Nevada · 2011
  2. In Re: Ganess MaharajCourt of Appeals for the Fourth Circuit · 2012
  3. In Re GbadeboUnited States Bankruptcy Court, N.D. California · 2010
  4. Dill Oil Company, LLC v. StephensCourt of Appeals for the Tenth Circuit · 2013
  5. In Re DraimanUnited States Bankruptcy Court, N.D. Illinois · 2011

31 more not listed; retrieve them via the Exa API.

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