Legal Opinion
In Re Lively
United States Bankruptcy Court, S.D. Texas
Decided March 21, 2012No. 10-35471PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM OPINION IN SUPPORT OF CERTIFICATION FOR DIRECT APPEAL
MARVIN ISGUR, Bankruptcy Judge.
The Court has certified its Order denying confirmation of Lively’s chapter 11 plan, (ECF No. 115), to the Court of Appeals for the Fifth Circuit under 28 U.S.C. § 158(d)(l)(A)(i) and (ii).
This Memorandum Opinion is issued in support of that certification. See Fed. R. BankrP. 8001(f). The issue is whether the Bankruptcy Abuse and Consumer Protection Act of 2005 (“BAPCPA”) abrogated the absolute priority rule in individual Chapter 11 cases.
Factual Background
Philip Reed Lively is an individual chapter…
2Cases cited19 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Case v. Los Angeles Lumber Products Co.Supreme Court of the United States · 1939
- In Re ShatUnited States Bankruptcy Court, D. Nevada · 2010
- In Re GbadeboUnited States Bankruptcy Court, N.D. California · 2010
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Dill Oil Company, LLC v. StephensCourt of Appeals for the Tenth Circuit · 2013
- David Zachary v. California Bank & TrustCourt of Appeals for the Ninth Circuit · 2016
- In Re ArnoldUnited States Bankruptcy Court, C.D. California · 2012
- In re Lee Min Ho ChenUnited States Bankruptcy Court, D. Puerto Rico · 2012
- In re GarzaUnited States Bankruptcy Court, S.D. Texas · 2017
9 more not listed; retrieve them via the Exa API.