Legal Opinion
In Re Dollar Associates
United States Bankruptcy Court, N.D. California
Decided October 4, 1994No. 12-58129PublishedCited by 7 opinions
1Opinion of the Court
OPINION
THOMAS E. CARLSON, Chief Judge.
Debtor, whose sole asset is an office building that is substantially overencumbered, attempts to confirm a plan of reorganization under the “new value” exception to the absolute priority rule. I conclude that the plan is not fair and equitable, whether or not it satisfies .the new value exception, because it does not serve recognized goals of reorganization, and because it would unduly undermine the provisions of the Bankruptcy Code restricting a debtor’s ability to reduce the amount of a lien through a court’s valuation of the collateral. Because Debtor…
2Cases cited12 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- 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 American Hardwoods, Inc., Debtor. American Hardwoods, Inc. v. Deutsche Credit CorporationCourt of Appeals for the Ninth Circuit · 1989
- In the Matter of Sandy Ridge Development Corporation, Debtor. Sandy Ridge Development Corporation v. Louisiana National BankCourt of Appeals for the Fifth Circuit · 1989
- In Re MCorp Financial, Inc.United States Bankruptcy Court, S.D. Texas · 1992
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re Kkemko, Inc.United States Bankruptcy Court, S.D. Ohio · 1995
- In Re Sierra-CalUnited States Bankruptcy Court, E.D. California · 1997
- Western Real Estate Equities, L.L.C. v. Village at Camp Bowie I, L.P. (In Re Village at Camp Bowie I, L.P.)Court of Appeals for the Fifth Circuit · 2013
- In Re Midway Investments, Ltd.United States Bankruptcy Court, S.D. Florida. · 1995
- In Re Mayer Pollock Steel Corp.United States Bankruptcy Court, E.D. Pennsylvania · 1994
2 more not listed; retrieve them via the Exa API.