Legal Opinion

Kham & Nate's Shoes No. 2, Inc., Debtor-Appellee v. First Bank of Whiting

Court of Appeals for the First Circuit

Decided October 12, 1990No. 89-3001PublishedCited by 332 opinions

1Opinion of the Court

EASTERBROOK, Circuit Judge.

Kham & Nate’s Shoes No. 2, Inc., ran four retail shoe stores in Chicago. It has been in bankruptcy since 1984, operating as a debtor in possession. First Bank of Whiting, one of Kham & Nate’s creditors, appeals from the order confirming its plan of reorganization. This order not only reduces the Bank’s secured claim to unsecured status but also allows Khamolaw Beard and Nathaniel Parker, the debtor’s principals, to retain their equity interests despite the firm’s inability to pay its creditors in full. The bankruptcy judge subordinated the Bank’s claims after…

2Cases cited34 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. Pepper v. LittonSupreme Court of the United States · 1939
  4. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
  5. Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990

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3Cited by332 opinions

  1. Bank of America National Trust & Savings Ass'n v. 203 North LaSalle Street PartnershipSupreme Court of the United States · 1999
  2. Dunlap v. State Farm Fire & Casualty Co.Supreme Court of Delaware · 2005
  3. Reger Development, LLC v. National City BankCourt of Appeals for the Seventh Circuit · 2010
  4. In the Matter of Nancy S. Marchiando, Debtor-Appellee. Appeal of State of Illinois, Department of the LotteryCourt of Appeals for the Seventh Circuit · 1994
  5. Branch Banking and Trust Co. v. ThompsonCourt of Appeals of North Carolina · 1992

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