Legal Opinion
In Re Tillotson
United States Bankruptcy Court, W.D. New York
Decided April 25, 2001No. 2-19-20105PublishedCited by 8 opinions
1Opinion of the Court
MICHAEL J. KAPLAN, Bankruptcy Judge.
The question before the Court is so easy to state that it may deceive one into expecting an easy answer. The question is this: If a reorganization court’s finding that a Chapter 11 plan was “feasible” turns out to be so wrong that the plan not only fails, but, in addition, the value of what had been a fully-secured lender’s collateral has been substantially diminished, may that debtor foist that loss upon the lender by a serial filing that proposes a new plan that strips the secured claim down to the diminished value? Stated otherwise, may a second filing…
2Cases cited15 opinions
- In Re Jartran, Inc., Debtor. Fruehauf Corporation v. Jartran, Inc.Court of Appeals for the Seventh Circuit · 1989
- In Re 234-6 West 22nd St. Corp.United States Bankruptcy Court, S.D. New York · 1997
- In Re Trans World Airlines, Inc.United States Bankruptcy Court, D. Delaware · 2001
- In Re Garsal Realty, Inc.United States Bankruptcy Court, N.D. New York · 1989
- In Re Roxy Real Estate Co., Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1993
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Caviata Attached Homes, LLC v. U.S. Bank, National Ass'n (In Re Caviata Attached Homes, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- In Re Motel Properties, Inc.United States Bankruptcy Court, S.D. Georgia · 2004
- In Re LoftyUnited States Bankruptcy Court, S.D. Ohio · 2010
- 1633 Broadway Mars Restaurant Corp. v. Paramount Group, Inc. (In Re 1633 Broadway Mars Restaurant Corp.)United States Bankruptcy Court, S.D. New York · 2008
- In Re McDonaldUnited States Bankruptcy Court, S.D. Ohio · 2010
3 more not listed; retrieve them via the Exa API.