Legal Opinion

In Re James E. Johnston, Dba Johnston Enterprises, Debtor. Steelcase Inc. v. James E. Johnston and Unsecured Creditors' Committee

Court of Appeals for the Ninth Circuit

Decided May 6, 1994No. 92-15976PublishedCited by 96 opinions

1Opinion of the Court

OPINION

GARTH, Circuit Judge:

We are called upon in this ease to decide: (1) the proper standard for determining when an unsecured claim may be classified separately from other unsecured claims under 11 U.S.C. § 1122(a) 1 ; and (2) whether the absolute priority rule, codified at 11 U.S.C. § 1129(b)(2)(B), is violated whenever a debtor retains assets of the bankrupt estate before actual payment is made in full to all senior unsecured creditors. 2

The bankruptcy appellate panel (BAP) and the bankruptcy court determined that the claims of the appellant, Steelcase Inc., were properly classified in…

2Cases cited17 opinions

Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
Kham & Nate's Shoes No. 2, Inc., Debtor-Appellee v. First Bank of WhitingCourt of Appeals for the First Circuit · 1990
In Re Bonner Mall Partnership, Debtor. Bonner Mall Partnership v. U.S. Bancorp Mortgage Co.Court of Appeals for the Ninth Circuit · 1993
In Re Bryson Properties, Xviii, Debtor. Travelers Insurance Company v. Bryson Properties, XviiiCourt of Appeals for the Fourth Circuit · 1992
In the Matter of Greystone III Joint Venture, Debtor. Phoenix Mutual Life Insurance Company v. Greystone III Joint VentureCourt of Appeals for the Fifth Circuit · 1992

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

3Cited by96 opinions

In Re Amjad I. Eashai, Debtor. Citibank (South Dakota), N.A. v. Amjad I. EashaiCourt of Appeals for the Ninth Circuit · 1996
In Re Bashir Y. Anastas, Debtor. Bashir Y. Anastas v. American Savings BankCourt of Appeals for the Ninth Circuit · 1996
In Re Byron C. Lewis Irene Lewis, Debtors. Byron C. Lewis Irene Lewis v. Mitchell R. ScottCourt of Appeals for the Ninth Circuit · 1996
In Re Gary Ronald Perez, Debtor. Frank Everett v. Gary Ronald PerezCourt of Appeals for the Ninth Circuit · 1994
In Re Armstrong World Industries, Inc.Court of Appeals for the Third Circuit · 2005

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