Legal Opinion
In Re Landau Boat Co.
United States Bankruptcy Court, W.D. Missouri
Decided August 28, 1981No. 18-43045PublishedCited by 37 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JOEL PELOFSKY, Bankruptcy Judge.
In this Chapter 11 proceeding, debtor’s original plan was rejected by the impaired class of unsecured creditors. Debtor’s request that the plan be “crammed down” under Section 1129(b) was denied by the Court, holding that the plan did not meet the “fair and equitable” test where unsecured creditors were not paid in full and shareholders retained their interest in the debtor, the corporation having some value as a going concern and with a reasonable expectation of future profit. In re Landau Boat Company, 8 B.R. 436 (Bkrtcy., W.D.…
2Cases cited9 opinions
- Consolidated Rock Products Co. v. Du BoisSupreme Court of the United States · 1941
- Taylor v. Standard Gas & Electric Co.Supreme Court of the United States · 1939
- Flarsheim v. Twenty Five Thirty Two Broadway Corp.Supreme Court of Missouri · 1968
- Still v. Travelers Indemnity CompanySupreme Court of Missouri · 1963
- In Re Landau Boat Co.United States Bankruptcy Court, W.D. Missouri · 1981
4 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- In Re Future Energy Corp.United States Bankruptcy Court, S.D. Ohio · 1988
- In Re Potter Material Service, Inc., Debtor. Official Creditors' Committee on Behalf of Class 8 Unsecured Creditors v. Potter Material Service, Inc.Court of Appeals for the Seventh Circuit · 1986
- In Re Toy & Sports Warehouse, Inc.United States Bankruptcy Court, S.D. New York · 1984
- In Re Barrington Oaks General PartnershipUnited States Bankruptcy Court, D. Utah · 1981
- In Re Jartran, Inc.United States Bankruptcy Court, N.D. Illinois · 1984
32 more not listed; retrieve them via the Exa API.