Introducing Exa PlacesLearn more
Legal Opinion

Great Western Bank the Bank of America, Creditors-Appellees v. Sierra Woods Group, a California Limited Partnership, Debtor-Appellant

Court of Appeals for the Ninth Circuit

Decided January 13, 1992No. 90-16500PublishedCited by 35 opinions

1Opinion of the Court

FERNANDEZ, Circuit Judge:

Sierra Woods Group (Sierra Woods) appeals the district court’s decision that Sierra Woods’ proposed reorganization plan, which included negative amortization, was not “fair and equitable” under 11 U.S.C. § 1129(b). The bankruptcy court did not make specific factual findings regarding the fairness of the proposed deferral of *1175interest, but rather adopted a per se rule against negative amortization. The district court did not address the legal permissibility of negative amortization, but concluded based upon a review of the record that the proposed plan was not fair and…

2Cases cited13 opinions

  1. In Re Acequia, Inc., Debtor. Acequia, Inc. v. Vernon B. ClintonCourt of Appeals for the Ninth Circuit · 1986
  2. In Re Club AssociatesUnited States Bankruptcy Court, N.D. Georgia · 1989
  3. In Re Anderson Oaks (Phase I) Ltd. PartnershipUnited States Bankruptcy Court, W.D. Texas · 1987
  4. Bruce Energy Centre Ltd. v. Orfa Corp. of America (In Re Orfa Corp. of Philadelphia)United States Bankruptcy Court, E.D. Pennsylvania · 1991
  5. Oaks of Woodlake Phase III, Ltd. v. Hall, Bayoutree Associates, Ltd. (In re Hall, Bayoutree Associates, Ltd.)Court of Appeals for the Ninth Circuit · 1991

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

3Cited by35 opinions

  1. In Re Gary Ronald Perez, Debtor. Frank Everett v. Gary Ronald PerezCourt of Appeals for the Ninth Circuit · 1994
  2. CoreStates Bank, N.A. v. United Chemical Technologies, Inc.District Court, E.D. Pennsylvania · 1996
  3. In Re Creekside Landing, Ltd.United States Bankruptcy Court, M.D. Tennessee · 1992
  4. Connecticut General Life Insurance v. Hotel Associates of Tucson (In Re Hotel Associates of Tucson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  5. In Re M & S Associates, Ltd.United States Bankruptcy Court, W.D. Texas · 1992

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

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API