Legal Opinion
In Re Potter Material Service, Inc., Debtor. Official Creditors' Committee on Behalf of Class 8 Unsecured Creditors v. Potter Material Service, Inc.
Court of Appeals for the Seventh Circuit
Decided January 7, 1986No. 85-1056PublishedCited by 66 opinions
1Opinion of the Court
HARLINGTON WOOD, Jr., Circuit Judge.
In this case a class of unsecured creditors of the debtor Potter Material Service, Inc. challenge the reorganization plan of the debtor. The district court affirmed the bankruptcy judge’s decision to confirm the debtor’s plan under 11 U.S.C. § 1129(b), the “cramdown” provision of the Bankruptcy Code, over the dissent of the unsecured creditors who under the plan stand to receive an amount equal to 3% of their claims. Because the bankruptcy court’s determination that Potter’s Second Amended Plan was “fair and equitable” as required by section 1129(b) is…
2Cases cited6 opinions
- Case v. Los Angeles Lumber Products Co.Supreme Court of the United States · 1939
- Consolidated Rock Products Co. v. Du BoisSupreme Court of the United States · 1941
- Kansas City Terminal Railway Co. v. Central Union Trust Co.Supreme Court of the United States · 1926
- Buffalo Savings Bank v. Marston Enterprises, Inc. (In Re Marston Enterprises, Inc.)United States Bankruptcy Court, E.D. New York · 1981
- In Re Jartran, Inc.United States Bankruptcy Court, N.D. Illinois · 1984
1 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Bank of America National Trust & Savings Ass'n v. 203 North LaSalle Street PartnershipSupreme Court of the United States · 1999
- Kham & Nate's Shoes No. 2, Inc., Debtor-Appellee v. First Bank of WhitingCourt of Appeals for the First Circuit · 1990
- 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 Future Energy Corp.United States Bankruptcy Court, S.D. Ohio · 1988
- In the Matter of H. Dean Stegall and Sandra Lorene Stegall, Debtors-Appellants. Appeal of the Federal Land Bank of St. LouisCourt of Appeals for the Seventh Circuit · 1989
61 more not listed; retrieve them via the Exa API.