Legal Opinion

In re J.C. Householder Land Trust 1

United States Bankruptcy Court, M.D. Florida

Decided December 30, 2013No. Case No. 8:13-bk-07271-MGWPublishedCited by 2 opinions

1Opinion of the Court

Chapter 11

MEMORANDUM OPINION ON CREDITOR’S MOTION TO CHANGE VOTE ON PURCHASED CLAIM

Michael G. Williamson, United States Bankruptcy Judge

Under Federal Rule of Bankruptcy Procedure 3018(a), the Court may permit a creditor to change a ballot accepting or rejecting a plan for “cause shown.” In this case, the Debtor filed a plan of reorganization that attempted to cram down its major secured creditor, SPCP Group V, LLC, under Bankruptcy Code § 1129(b). So SPCP purchased an unsecured claim that had previously voted in favor of the plan and attempted to change that vote to one against the plan in…

2Cases cited28 opinions

  1. Bank of America National Trust & Savings Ass'n v. 203 North LaSalle Street PartnershipSupreme Court of the United States · 1999
  2. Schwab v. ReillySupreme Court of the United States · 2010
  3. Florida Department of Revenue v. Piccadilly Cafeterias, Inc.Supreme Court of the United States · 2008
  4. In the Matter of Madison Hotel Associates, D/B/A the Concourse Hotel, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1984
  5. American United Mutual Life Insurance v. City of Avon ParkSupreme Court of the United States · 1940

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3Cited by2 opinions

  1. Imerys Talc America, Inc.United States Bankruptcy Court, D. Delaware · 2021
  2. Katherine Marie HigginsUnited States Bankruptcy Court, S.D. Texas · 2025

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