Legal Opinion
In Re William Terrell and Tammy Terrell, Debtors. William Terrell and Tammy Terrell v. Eugene Albaugh, United States of America, Intervenor
Court of Appeals for the Sixth Circuit
Decided December 21, 1989No. 89-1011PublishedCited by 69 opinions
1Opinion of the Court
KENNEDY, Circuit Judge.
Eugene Albaugh appeals the District Court’s approval of an amended Chapter 12 bankruptcy plan for William and Tammy Terrell. 93 B.R. 115. The plan proposed to reduce the outstanding amount owed to Albaugh on a land contract from its contract value to the property's current market value. Albaugh claims that the Bankruptcy Court erred in treating a land contract interest as a lien subject to 11 U.S.C. § 1225(a)(5)’s cramdown provision. Alternatively, Albaugh argues that 11 U.S.C. § 1225(a)(5) violates the fifth amendment’s due process clause. Concluding that the land…
2Cases cited17 opinions
- In Re Cochise College Park, Inc.Court of Appeals for the Ninth Circuit · 1983
- In Re Lawrence N. Jolly, Debtor. Chattanooga Memorial Park v. C. Kenneth Still, Chapter Xiii TrusteeCourt of Appeals for the Sixth Circuit · 1978
- In Re BoothUnited States Bankruptcy Court, D. Utah · 1982
- In Re Streets & Beard Farm Partnership, Debtor. Loren and Doris Mitchell v. David Streets, Shari Streets, Fred Beard, and Reynolds M. Everett, TrusteeCourt of Appeals for the Seventh Circuit · 1989
- Bankr. L. Rep. P 67,051 Lawrence Jenson v. Continental Financial CorporationCourt of Appeals for the Eighth Circuit · 1979
12 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- In Re Columbia Gas System Inc.Court of Appeals for the Third Circuit · 1995
- Cohen v. Drexel Burnham Lambert Group, Inc. (In Re Drexel Burnham Lambert Group, Inc.)United States Bankruptcy Court, S.D. New York · 1992
- Sumitomo Trust & Banking Co. v. Holly's, Inc. (In Re Holly's, Inc.)United States Bankruptcy Court, W.D. Michigan · 1992
- Simmons Capital Advisors, Ltd. v. Bachinski (In Re Bachinski)United States Bankruptcy Court, S.D. Ohio · 2008
- Rowe v. Conners (In Re Rowe)United States Bankruptcy Court, E.D. Pennsylvania · 1990
64 more not listed; retrieve them via the Exa API.