Legal Opinion
Brown v. Ferroni (In re Brown)
District Court, E.D. Pennsylvania
Decided February 24, 2014No. Civil Action No. 13-6460; Bankruptcy No. 12-14058PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
SAVAGE, District Judge.
The issue in this bankruptcy appeal, which has not been decided by the Third Circuit and has divided other courts, is whether the Bankruptcy Abuse and Prevention and Consumer Protection Act (“BAPCPA”) abrogated the absolute priority rule in individual Chapter 11 cases. Stated differently for purposes of this case, the question is whether an individual Chapter 11 debtor must satisfy the absolute priority rule when an impaired unsecured creditor objects to the proposed reorganization plan.
The absolute priority rule, codified at 11 U.S.C. §…
2Cases cited46 opinions
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- National Ass'n of Home Builders v. Defenders of WildlifeSupreme Court of the United States · 2007
- Jimenez v. QuartermanSupreme Court of the United States · 2009
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3Cited by5 opinions
- David Zachary v. California Bank & TrustCourt of Appeals for the Ninth Circuit · 2016
- Todeschi v. Juarez (In Re Juarez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2019
- In re Circle 10 Restaurant, LLCUnited States Bankruptcy Court, D. New Jersey · 2014
- Pantaleo LaForgia and Anna Maria LaForgiaUnited States Bankruptcy Court, D. New Jersey · 2019
- Stephen Todd WalkerUnited States Bankruptcy Court, E.D. Pennsylvania · 2021