In Re Creekside Landing, Ltd.
United States Bankruptcy Court, M.D. Tennessee
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
Confirmation of this Chapter 11 plan is denied because the amended plan unfairly discriminates against the unsecured claim of the Resolution Trust Corporation and violates the absolute priority rule. The following constitute findings of fact and conclusions of law. Bankr.R. 7052.
I
The debtor is a limited partnership that owns and operates Creekside Landing Apartments in Memphis, Tennessee. The debtor’s general partner is Beuerlein, Wun-derlich and Company. Beuerlein, Wunder-lich and Company is a general partnership whose general partners are Walter…
2Cases cited36 opinions
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Case v. Los Angeles Lumber Products Co.Supreme Court of the United States · 1939
- Kham & Nate's Shoes No. 2, Inc., Debtor-Appellee v. First Bank of WhitingCourt of Appeals for the First Circuit · 1990
- In Re Bryson Properties, Xviii, Debtor. Travelers Insurance Company v. Bryson Properties, XviiiCourt of Appeals for the Fourth Circuit · 1992
- In Re U.S. Truck Company, Inc., a Michigan Corporation, Debtor. Teamsters National Freight Industry Negotiating Committee v. U.S. Truck Company, Inc.Court of Appeals for the Sixth Circuit · 1986
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3Cited by26 opinions
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- In Re Miami Center Associates, Ltd.United States Bankruptcy Court, S.D. Florida. · 1992
- Matter of Mother Hubbard, Inc.United States Bankruptcy Court, W.D. Michigan · 1993
- In Re 203 North LaSalle Street Ltd. PartnershipUnited States Bankruptcy Court, N.D. Illinois · 1995
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