Legal Opinion
Philip Lively
Court of Appeals for the Fifth Circuit
Decided May 29, 2013No. 12-20277PublishedCited by 23 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
The denial of confirmation of an individual Chapter 11 debtor’s reorganization plan was certified for appeal from the bankruptcy court pursuant to 28 U.S.C. § 158(d)(2)(A)(i) and (ii) to resolve a question of first impression in this circuit: whether Chapter 11’s absolute priority rule, 11 U.S.C. § 1129(b)(2)(B), as amended by the BAPCPA 1 applies in such individual debtor cases? In accord with two other circuits, we hold that it does. In re Stephens, 704 F.3d 1279 (10th Cir.2013); In re Maharaj, 681 F.3d 558 (4th Cir.2012). The bankruptcy court’s order denying…
2Cases cited16 opinions
- National Ass'n of Home Builders v. Defenders of WildlifeSupreme Court of the United States · 2007
- Radlax Gateway Hotel, LLC v. Amalgamated BankSupreme Court of the United States · 2012
- Hamilton v. LanningSupreme Court of the United States · 2010
- United States v. KayCourt of Appeals for the Fifth Circuit · 2004
- Deborah Seafort v. Beverly BurdenCourt of Appeals for the Sixth Circuit · 2012
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- David Zachary v. California Bank & TrustCourt of Appeals for the Ninth Circuit · 2016
- Bombardier Aerospace Corp. v. United StatesCourt of Appeals for the Fifth Circuit · 2016
- Avion Funding v. GFS IndustriesCourt of Appeals for the Fifth Circuit · 2024
- Ice House America, LLC v. Charles CardinCourt of Appeals for the Sixth Circuit · 2014
- State of Texas v. USACourt of Appeals for the Fifth Circuit · 2019
18 more not listed; retrieve them via the Exa API.