Legal Opinion

In Re Aztec Co.

United States Bankruptcy Court, M.D. Tennessee

Decided November 22, 1989No. Bankruptcy 388-05495PublishedCited by 58 opinions

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

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
  3. Case v. Los Angeles Lumber Products Co.Supreme Court of the United States · 1939
  4. Memphis Bank & Trust Company v. Linda Gail WhitmanCourt of Appeals for the Sixth Circuit · 1982
  5. 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

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

3Cited by58 opinions

  1. In Re Bryson Properties, Xviii, Debtor. Travelers Insurance Company v. Bryson Properties, XviiiCourt of Appeals for the Fourth Circuit · 1992
  2. In the Matter of Woodbrook Associates, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
  3. In Re 222 Liberty AssociatesUnited States Bankruptcy Court, E.D. Pennsylvania · 1990
  4. In Re SM 104 Ltd.United States Bankruptcy Court, S.D. Florida. · 1993
  5. In Re 266 Washington AssociatesUnited States Bankruptcy Court, E.D. New York · 1992

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

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