Legal Opinion
Matter of Pizza of Hawaii, Inc.
District Court, D. Hawaii
Decided July 26, 1984No. Civ. No. 83-871, Bankruptcy No. 80-629PublishedCited by 27 opinions
1Opinion of the Court
OPINION AND ORDER VACATING BANKRUPTCY COURT’S CONFIRMATION OF PLAN AND REMANDING FOR AN ESTIMATION OF CLAIM
SAMUEL P. KING, District Judge.
Shakey’s Incorporated appeals the bankruptcy court’s Order Confirming Plan entered on June 29, 1983. This court concludes that the bankruptcy court erred by confirming the plan without first estimating Shakey’s claim pursuant to 11 U.S.C. § 502(c) and including that estimate in its consideration of the plan’s feasibility under 11 U.S.C. § 1129(a)(11). Accordingly, the bankruptcy court’s order confirming the plan is vacated and the case is remanded for…
2Cases cited7 opinions
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- In Re Richard Arthur Comer, Debtor. Elaine F. Comer v. Richard Arthur ComerCourt of Appeals for the Ninth Circuit · 1984
- In Re Franciscan Vineyards, Inc., Bankrupt. County of Napa v. Franciscan Vineyards, Inc., Appeal of William B. Grover, TrusteeCourt of Appeals for the Ninth Circuit · 1979
- Carey v. BrownSupreme Court of the United States · 1980
- Sun Basin Lumber Co., Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1970
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
- In Re South Atlantic Financial Corp., Etc., Debtors. Biscayne 21 Condominium Association, Inc. v. South Atlantic Financial Corp., Etc.Court of Appeals for the Eleventh Circuit · 1985
- In Re the Charter Company, Debtors. The Charter Company and Charter Oil Company v. DioxinCourt of Appeals for the Eleventh Circuit · 1989
- Anderson v. McGowan (In Re Anderson)District Court, D. Rhode Island · 1991
- First Software Corp. Ex Rel. Disbursing Agent v. Computer Associates International, Inc. (In Re First Software Corp.)District Court, D. Massachusetts · 1989
22 more not listed; retrieve them via the Exa API.