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Legal Opinion

Matter of Kain

United States Bankruptcy Court, W.D. Michigan

Decided May 13, 1988No. 19-00204PublishedCited by 45 opinions

1Opinion of the Court

OPINION REGARDING APPLICATION OF ADEQUATE PROTECTION PAYMENTS AND APPROPRIATE PRESENT VALUE RATE UNDER DEBTORS’ CHAPTER 11 PLAN

JAMES D. GREGG, Bankruptcy Judge.

ISSUES

This case presents two interesting issues raised in connection with the confirmation of the Debtors’ proposed Chapter 11 plan.

First, with respect to certain adequate protection payments made by the Debtors after filing and prior to confirmation, to what obligation, if any, should such payments be applied? The Debtors assert that the adequate protection payments should be applied only toward their outstanding secured indebtedness…

2Cases cited25 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. In Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1984
  3. Memphis Bank & Trust Company v. Linda Gail WhitmanCourt of Appeals for the Sixth Circuit · 1982
  4. In Re U.S. Truck Company, Inc., a Michigan Corporation, Debtor. Teamsters National Freight Industry Negotiating Committee v. U.S. Truck Company, Inc.Court of Appeals for the Sixth Circuit · 1986
  5. In Re Pine Lake Village Apartment Co.United States Bankruptcy Court, S.D. New York · 1982

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3Cited by45 opinions

  1. TranSouth Financial Corp. v. Sharon (In Re Sharon)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
  2. United States v. Harlan Arnold and Dorene ArnoldCourt of Appeals for the Sixth Circuit · 1989
  3. Sumitomo Trust & Banking Co. v. Holly's, Inc. (In Re Holly's, Inc.)United States Bankruptcy Court, W.D. Michigan · 1992
  4. In Re Club AssociatesUnited States Bankruptcy Court, N.D. Georgia · 1989
  5. In Re Landing Associates, Ltd.United States Bankruptcy Court, W.D. Texas · 1990

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

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