Legal Opinion
In Re Bonner Mall Partnership, Debtor. Bonner Mall Partnership v. U.S. Bancorp Mortgage Co.
Court of Appeals for the Ninth Circuit
Decided August 4, 1993No. 92-36754PublishedCited by 226 opinions
1Opinion of the Court
REINHARDT, Circuit Judge:
This case requires us to decide whether the new value “exception” to the absolute priority rule survives the enactment of the Bankruptcy Reform Act of 1978 (better known as the Bankruptcy Code), which replaced the Bankruptcy Act of 1898. 1 The new value exception allows the shareholders of a corporation in bankruptcy to obtain an interest in the reorganized debtor in exchange for new capital contributions over the objections of a class of creditors that has not received full payment on its claims. Whether this doctrine is viable under the Bankruptcy Code has…
2Cases cited58 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
53 more not listed; retrieve them via the Exa API.
3Cited by226 opinions
- U.S. Bancorp Mortgage Co. v. Bonner Mall PartnershipSupreme Court of the United States · 1994
- Bank of America National Trust & Savings Ass'n v. 203 North LaSalle Street PartnershipSupreme Court of the United States · 1999
- In Re Thomas James Dyer, Debtor. Nancy Knupfer, Trustee v. John Lindblade, in Re Thomas James Dyer, Debtor, John Lindblade v. Nancy Knupfer, TrusteeCourt of Appeals for the Ninth Circuit · 2003
- In the Matter of Woodbrook Associates, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
- Latman v. BurdetteCourt of Appeals for the Ninth Circuit · 2004
221 more not listed; retrieve them via the Exa API.