Legal Opinion

General Electric Credit Equities, Inc. v. Brice Road Developments, L.L.C. (In Re Brice Road Developments, L.L.C.)

Bankruptcy Appellate Panel of the Sixth Circuit

Decided August 14, 2008No. BAP 06-8093PublishedCited by 57 opinions

1Opinion of the Court

OPINION

MARCIA PHILLIPS PARSONS, Chief Judge.

General Electric Credit Equities, Inc. (“GE”) appeals an order of the bankruptcy court confirming the chapter 11 reorganization plan of Brice Road Developments, L.L.C. (“Debtor”). GE objected to confirmation of the plan on the basis that the plan was not feasible as required by 11 U.S.C. § 1129(a)(ll) and the plan was not fair and equitable as required by 11 U.S.C. § 1129(b)(2) because it provided for an improper interest rate on GE’s secured claim, undervalued GE’s collateral, and failed to accord GE its rights as an electing secured creditor under…

2Cases cited26 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
  3. Till v. SCS Credit Corp.Supreme Court of the United States · 2004
  4. In Re Dow Corning CorporationCourt of Appeals for the Sixth Circuit · 1996
  5. 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 by57 opinions

  1. In Re American Capital Equipment, LLCCourt of Appeals for the Third Circuit · 2012
  2. SE Property Holdings, LLC v. Seaside Engineering & Surveying, Inc. (In Re Seaside Engineering & Surveying, Inc.)Court of Appeals for the Eleventh Circuit · 2015
  3. Burden v. Seafort (In Re Seafort)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
  4. In Re Tci 2 Holdings, LLCUnited States Bankruptcy Court, D. New Jersey · 2010
  5. In Re Trenton Ridge Investors, LLCUnited States Bankruptcy Court, S.D. Ohio · 2011

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