Legal Opinion

In Re Woodridge North Apts., Ltd.

United States Bankruptcy Court, N.D. California

Decided March 18, 1987No. 19-30110PublishedCited by 17 opinions

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

  1. Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
  2. General Electric Mortgage Corp. v. South Village, Inc. (In Re South Village, Inc.)United States Bankruptcy Court, D. Utah · 1982
  3. Matter of DRW Property Co. 82United States Bankruptcy Court, N.D. Texas · 1986

3Cited by17 opinions

  1. In Re 222 Liberty AssociatesUnited States Bankruptcy Court, E.D. Pennsylvania · 1990
  2. 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
  3. In Re Outlook/Century Ltd.United States Bankruptcy Court, N.D. California · 1991
  4. In Re Diplomat Electronics Corp.United States Bankruptcy Court, S.D. New York · 1988
  5. 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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