Legal Opinion

Bell Road Investment Co. v. M. Long Arabians (In Re M. Long Arabians)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 21, 1989No. BAP No. AZ-88-1530-RMeAs, Bankruptcy No. 85-03039 PHX RGMPublishedCited by 35 opinions

1Opinion of the Court

OPINION

RUSSELL, Bankruptcy Judge:

Bell Road Investment Company (“Bell Road”) appeals the bankruptcy court’s order confirming the debtor’s plan. Bell Road, the sole secured claim holder in one class of claims and one of several unsecured claim holders in another class, voted to reject the plan. However, Bell Road did not seek temporary allowance of claims after the debtor previously had challenged its claims. The bankruptcy court held that Bell Road was not allowed to vote and concluded, therefore, that all classes voted to accept the plan. We reverse and remand.

FACTS

M. Long Arabians (debtor),…

2Cases cited8 opinions

  1. Burkhart v. Federal Deposit Insurance Corp. (In Re Burkhart)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  2. In Re Townco Realty, Inc.United States Bankruptcy Court, S.D. Florida. · 1987
  3. In Re OroscoUnited States Bankruptcy Court, N.D. California · 1987
  4. MBank Corpus Christi, N.A. v. Seikel (In Re I-37 Gulf Ltd. Partnership)United States Bankruptcy Court, S.D. Texas · 1985
  5. In Re Monetary GroupUnited States Bankruptcy Court, M.D. Florida · 1985

3 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. DISH Network Corp. v. DBSD North America, Inc.Court of Appeals for the Second Circuit · 2011
  2. In Re Adelphia Communications Corp.United States Bankruptcy Court, S.D. New York · 2007
  3. In Re 222 Liberty AssociatesUnited States Bankruptcy Court, E.D. Pennsylvania · 1990
  4. United States Ex Rel. Farmers Home Administration v. Arnold & Baker Farms (In Re Arnold & Baker Farms)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  5. Swift v. Bellucci (In Re Bellucci)United States Bankruptcy Court, E.D. California · 1990

30 more not listed; retrieve them via the Exa API.

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