Legal Opinion
David Zachary v. California Bank & Trust
Court of Appeals for the Ninth Circuit
Decided January 28, 2016No. 13-16402PublishedCited by 23 opinions
1Opinion of the Court
OPINION
HURWITZ, Circuit Judge:
This case presents an arcane but important question of first impression in this Circuit: Does the absolute priority rule continue to apply in individual chapter 11 reorganizations after the amendments to the Bankruptcy Code enacted as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPC-PA”)? We hold that it does.
I. Factual and Procedural Background
In September 2011, David K. Zachary and Annmarie S. Snorsky (“Debtors”) filed a joint voluntary individual chapter 11 petition. The Debtors’ operative plan of reorganization placed their…
2Cases cited32 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- Green v. Bock Laundry MacHine Co.Supreme Court of the United States · 1989
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3Cited by23 opinions
- U.S. Bank N.A. Ex Rel. CWCapital Asset Management LLC v. Village at Lakeridge, LLC (In Re Village at Lakeridge, LLC)Court of Appeals for the Ninth Circuit · 2016
- County of Amador v. United States Department of the InteriorCourt of Appeals for the Ninth Circuit · 2017
- Pit River Tribe v. BlmCourt of Appeals for the Ninth Circuit · 2019
- In re AubryUnited States Bankruptcy Court, C.D. California · 2016
- In re BosUnited States Bankruptcy Court, N.D. Florida · 2016
18 more not listed; retrieve them via the Exa API.