In Re Woodridge North Apts., Ltd.
United States Bankruptcy Court, N.D. California
1Opinion of the Court
OPINION
THOMAS E. CARLSON, Bankruptcy Judge.
Section 1111(b)(1)(A) of the Bankruptcy Code 1 provides that a nonrecourse deficiency claim must be treated as a recourse claim under a chapter 11 plan, unless the collateral is sold under section 363 or under a chapter 11 plan of reorganization. 2 The controlling issue in this proceeding is whether the “sale exception” to the general rule of section 1111(b)(1)(A) applies to a sale at which lienholders may not credit bid. I hold that it does not.
FACTS
Woodridge North Apartments, Ltd., the chapter 11 debtor in this case, is a limited partnership…
2Cases cited3 opinions
- Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
- General Electric Mortgage Corp. v. South Village, Inc. (In Re South Village, Inc.)United States Bankruptcy Court, D. Utah · 1982
- Matter of DRW Property Co. 82United States Bankruptcy Court, N.D. Texas · 1986
3Cited by17 opinions
- In Re 222 Liberty AssociatesUnited States Bankruptcy Court, E.D. Pennsylvania · 1990
- In the Matter of Tampa Bay Associates, Ltd., Debtor. Tampa Bay Associates, Ltd. v. Drw Worthington, Ltd., D/B/A Worthington Park ICourt of Appeals for the Fifth Circuit · 1989
- In Re Outlook/Century Ltd.United States Bankruptcy Court, N.D. California · 1991
- In Re Diplomat Electronics Corp.United States Bankruptcy Court, S.D. New York · 1988
- Aetna Realty Investors, Inc. v. Monarch Beach Venture, Ltd. (In Re Monarch Beach Venture, Ltd.)District Court, C.D. California · 1993
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