Legal Opinion

Amfac Distribution Corp. v. Wolff (In Re Wolff)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided June 29, 1982No. BAP No. CC-81-1010-HKG, Bankruptcy No. SB-80-01593-WHPublishedCited by 118 opinions

1Opinion of the Court

OPINION

Before HUGHES, KATZ and GEORGE, Bankruptcy Judges. PER CURIAM:

Amfac appeals from an order overruling its objections to confirmation of the debt- or’s plan in a business Chapter 13 case. It contends that the plan (1) impermissibly classifies two unsecured creditors and (2) is not in the best interest of creditors.

We treat the order appealed as an order of confirmation and reverse.

I. Claims Classification

One challenge to the plan is that it violates § 1322(b)(1) by unfairly discriminating among the unsecured creditors. Section 1322(b)(1) permits the plan to create classes of unsecured…

2Cases cited10 opinions

  1. Schneiderman v. United StatesSupreme Court of the United States · 1943
  2. Kelley v. Everglades Drainage DistrictSupreme Court of the United States · 1943
  3. New Orleans & Northeastern Railroad v. HarrisSupreme Court of the United States · 1918
  4. In Re IacovoniUnited States Bankruptcy Court, D. Utah · 1980
  5. Maxwell Land Grant Co. v. DawsonSupreme Court of the United States · 1894

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3Cited by118 opinions

  1. Nelson v. Easley (In Re Easley)United States Bankruptcy Court, M.D. Tennessee · 1987
  2. In Re 222 Liberty AssociatesUnited States Bankruptcy Court, E.D. Pennsylvania · 1990
  3. In Re Aztec Co.United States Bankruptcy Court, M.D. Tennessee · 1989
  4. McDonald v. Sperna (In Re Sperna)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  5. Financial Collection Agencies v. Norman (In Re Norman)United States Bankruptcy Court, S.D. California · 1982

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

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