Legal Opinion

In Re Gary Ronald Perez, Debtor. Frank Everett v. Gary Ronald Perez

Court of Appeals for the Ninth Circuit

Decided July 27, 1994No. 92-15971PublishedCited by 94 opinions

1Opinion of the Court

Opinion by Judge KOZINSKI; Dissent by Judge ZILLY.

*1212KOZINSKI, Circuit Judge.

In this appeal from an order approving a Chapter 11 reorganization plan, we confront the iron maiden of bankruptcy reorganizations — the dreaded cram-down.

I

This case arises out of a personal Chapter 11 petition filed by the debtor, Gary Ronald Perez. The estate is not large, and neither is the claim of the objecting creditor, Frank Everett. Nevertheless, the ease has generated a fair number of difficult legal issues and more than a little acrimony. Perhaps both consequences are endemic to a legal process so complex and…

2Cases cited17 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  4. Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985
  5. In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985

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3Cited by94 opinions

  1. In Re Amjad I. Eashai, Debtor. Citibank (South Dakota), N.A. v. Amjad I. EashaiCourt of Appeals for the Ninth Circuit · 1996
  2. In Re: Pws Holding Corporation Bruno's, Inc Food Max of Mississippi, Inc A.F. Stores, Inc Br Air, Inc. Food Max of Georgia, Inc Food Max of Tennessee, Inc Foodmax, Inc Lakeshore Foods, Inc Bruno's Food Stores, Inc Georgia Sales Company Sss Enterprise, Inc W.R. Huff Asset Management Co., L.L.C., in 00-5042 Hsbc Bank Usa, as Indenture Trustee for the 10.5% Senior Subordinated Notes, in 00-5074Court of Appeals for the Third Circuit · 2000
  3. In Re Sammy G. Daily, Debtor. Federal Deposit Insurance Corp., Receiver for Indian Springs State Bank v. Sammy G. DailyCourt of Appeals for the Ninth Circuit · 1995
  4. Sternberg v. JohnstonCourt of Appeals for the Ninth Circuit · 2010
  5. In Re Randolph C. Bugna, Debtor. Randolph C. Bugna v. Edward E. McArthurCourt of Appeals for the Ninth Circuit · 1994

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