In re Lucar-Elli

MEMORANDUM OF DECISION ON SECOND AMENDED JOINT PLAN OF REORGANIZATION

JULIE A. MANNING, Bankruptcy Judge.

I. Introduction

This case raises an apparent issue of first impression in this district and this circuit: whether The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (hereinafter, “BAPCPA”) eliminated the absolute priority rule in individual Chapter 11 debtor cases.

Courts in other jurisdictions that have addressed this issue have reached opposite conclusions. However, most courts have held that the absolute priority rule in individual Chapter 11 cases was not eliminated by…