Legal Opinion
In Re Ayers
United States Bankruptcy Court, D. Montana
Decided February 26, 1992No. 19-60150PublishedCited by 3 opinions
1Opinion of the Court
ORDER
JOHN L. PETERSON, Bankruptcy Judge.
In this Chapter 12 case, the U.S. Small Business Administration (SBA) has filed an objection to the confirmation of the Debtors’ Chapter 12 Plan on the ground the Plan fails to satisfy § 1225(a)(4) of the Bankruptcy Code. After hearing, briefs have been filed by SBA and the Debtors, so the matter is ripe for decision. For the reasons stated herein, I find the objection of SBA has merit.
SBA’s argument is that the liquidation analysis of the Debtors fails to consider that a Chapter 7 Trustee, to satisfy § 1225(a)(4), would abandon the Debtors’ real…
2Cases cited15 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985
- 16 Collier bankr.cas.2d 702, Bankr. L. Rep. P 71,754 in Re K.C. MacHine & Tool Company, Debtor, June E. Morgan, Trustee the Detroit Edison Company Dery & Dery, P.C. Hill, Lewis, Adams, Goodrich & Tait v. K.C. MacHine & Tool Company, City of DetroitCourt of Appeals for the Sixth Circuit · 1987
- Andrew v. Coopersmith (In Re Downtown Investment Club III)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
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3Cited by3 opinions
- In Re BeaudoinUnited States Bankruptcy Court, N.D. New York · 1993
- Mostoller v. Citicapital Commercial Corp. (In Re Stetson & Associates, Inc.)United States Bankruptcy Court, E.D. Tennessee · 2005
- In Re BusheeUnited States Bankruptcy Court, E.D. Tennessee · 2004