Legal Opinion

Whispering Pines Estates, Inc. v. Flash Island, Inc. (Whispering Pines Estates, Inc.)

Bankruptcy Appellate Panel of the First Circuit

Decided June 28, 2007No. BAP No. 06-059. Bankruptcy Nos. 05-56003-MWV, 05-56004-MWVPublishedCited by 9 opinions

1Opinion of the Court

SOMMA, Bankruptcy Judge.

The debtor, Whispering Pines Estates, Inc., appeals from an order confirming the third-party plan put forth by its secured creditor, Flash Island, Inc. (“Flash Island”). Under the plan, the debtor’s assets would be liquidated, either by a plan trustee or, if the trustee were unable to sell within a definite time, by Flash Island at foreclosure. The debtor appeals on the basis, among others, that the plan contains an impermissibly broad release of the plan proponent, in violation of 11 U.S.C. § 1129(a)(1) and (3). For the reasons set forth below, we agree that, at least…

2Cases cited13 opinions

Sanders Confectionery Products, Inc. v. Heller Financial, Inc.Court of Appeals for the Sixth Circuit · 1992
Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
T I Federal Credit Union v. DelBonisCourt of Appeals for the First Circuit · 1995
In Re Savage Industries, Inc., Debtor. Western Auto Supply Company v. Savage Arms, Inc.Court of Appeals for the First Circuit · 1994
Jeffrey and Jeffrey v. DesmondCourt of Appeals for the First Circuit · 1995

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

3Cited by9 opinions

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City Sanitation, LLC v. Allied Waste Services of Massachusetts, LLCCourt of Appeals for the First Circuit · 2011
PRLP 2011 Holdings LLC v. Manuel Mediavilla, Inc. (In re Manuel Mediavilla, Inc.)Bankruptcy Appellate Panel of the First Circuit · 2017
In Re Yellowstone Mountain Club, LLCUnited States Bankruptcy Court, D. Montana · 2011

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