Legal Opinion

In Re Villa Diablo Associates

United States Bankruptcy Court, N.D. California

Decided July 2, 1993No. 19-40221PublishedCited by 6 opinions

1Opinion of the Court

OPINION

JAMES R. GRUBE, Bankruptcy Judge.

I. INTRODUCTION.

This case involves a dispute between the debtor and its principal secured creditor over how present value should be calculated for purposes of “cramming down” a plan of reorganization under 11 U.S.C. § 1129(b). 1

II. PROCEDURAL BACKGROUND.

Villa Diablo filed its Chapter 11 petition on July 13, 1992. Its primary asset is a 48 unit apartment complex located in Concord, California. Citibank holds a note secured by a first deed of trust on the property. At the time of the filing it was owed $2,259,069. The debtor has been unsuccessfully trying…

2Cases cited3 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. In Re Camino Real Landscape Maintenance Contractors, Inc., Debtor. United States of America v. Camino Real Landscape Maintenance Contractors, Inc., in Re Hadrian Construction, Inc., Debtor. United States of America v. Hadrian Construction, Inc., in Re Armour Oil Company, Debtor. United States of America v. Armour Oil CompanyCourt of Appeals for the Ninth Circuit · 1987
  3. In Re OroscoUnited States Bankruptcy Court, N.D. California · 1987

3Cited by6 opinions

  1. In Re Gramercy Twins AssociatesUnited States Bankruptcy Court, S.D. New York · 1995
  2. In Re Grandfather Mountain Ltd. PartnershipUnited States Bankruptcy Court, M.D. North Carolina · 1996
  3. In Re Byrd Foods, Inc.United States Bankruptcy Court, E.D. Virginia · 2000
  4. In Re North Valley Mall, LLCUnited States Bankruptcy Court, C.D. California · 2010
  5. American General Finance, Inc. v. KleinknechtDistrict Court, M.D. Georgia · 1999

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