In Re Aztec Co.
United States Bankruptcy Court, M.D. Tennessee
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
This is a contested Chapter 11 confirmation. Because the amended plan discriminates unfairly against an impaired non-consenting class, confirmation is denied. The following constitute findings of fact and conclusions of law. Bankr.R. 7052.
I
The debtor is a joint venture organized in 1984 to own and operate the Aztec Villa Apartments in Panama City, Florida. The debtor purchased the apartment complex for $2,900,000 and financed part of the purchase through a non-recourse note secured by a first mortgage. Federal Home Loan Mortgage Corporation (FHLMC)…
2Cases cited43 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Case v. Los Angeles Lumber Products Co.Supreme Court of the United States · 1939
- Memphis Bank & Trust Company v. Linda Gail WhitmanCourt of Appeals for the Sixth Circuit · 1982
- In Re U.S. Truck Company, Inc., a Michigan Corporation, Debtor. Teamsters National Freight Industry Negotiating Committee v. U.S. Truck Company, Inc.Court of Appeals for the Sixth Circuit · 1986
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3Cited by58 opinions
- In Re Bryson Properties, Xviii, Debtor. Travelers Insurance Company v. Bryson Properties, XviiiCourt of Appeals for the Fourth Circuit · 1992
- In the Matter of Woodbrook Associates, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
- In Re 222 Liberty AssociatesUnited States Bankruptcy Court, E.D. Pennsylvania · 1990
- In Re SM 104 Ltd.United States Bankruptcy Court, S.D. Florida. · 1993
- In Re 266 Washington AssociatesUnited States Bankruptcy Court, E.D. New York · 1992
53 more not listed; retrieve them via the Exa API.