Legal Opinion
In Re Bolton
United States Bankruptcy Court, D. Vermont
Decided November 28, 1995No. 14-10175PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM DECISION DENYING CONFIRMATION
FRANCIS G. CONRAD, Bankruptcy Judge.
Debtor seeks 1 confirmation of his Chapter 11 plan by utilizing the cramdown provision of § 1129(b). 2 He resorts to this procedure because the class of general unsecured creditors (“Class 15”) voted against his plan. And, although there were no objections to confirmation, we still must be satisfied that the plan is in conformity with § 1129. In re AG Consultants Grin Division, Inc., 77 B.R. 665, 667 (Bkrtcy.N.D.Ind.1987). We find that it is not. The plan violates the absolute priority rule, and does not fit within…
2Cases cited15 opinions
- U.S. Bancorp Mortgage Co. v. Bonner Mall PartnershipSupreme Court of the United States · 1994
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Case v. Los Angeles Lumber Products Co.Supreme Court of the United States · 1939
- In Re Bonner Mall Partnership, Debtor. Bonner Mall Partnership v. U.S. Bancorp Mortgage Co.Court of Appeals for the Ninth Circuit · 1993
- 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
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re Genesis Health Ventures, Inc.United States Bankruptcy Court, D. Delaware · 2001
- In Re Young Broadcasting Inc.United States Bankruptcy Court, S.D. New York · 2010
- In Re Journal Register Co.United States Bankruptcy Court, S.D. New York · 2009
- In Re Lernout & Hauspie Speech Products, N.V.United States Bankruptcy Court, D. Delaware · 2003
- In Re WeberUnited States Bankruptcy Court, D. Massachusetts · 1997
3 more not listed; retrieve them via the Exa API.