Legal Opinion
In Re Loop 76, LLC
United States Bankruptcy Court, D. Arizona
Decided November 22, 2010No. 2:09-BK-16799-RJHPublishedCited by 6 opinions
1Opinion of the Court
OPINION DENYING CLASSIFICATION OBJECTION
RANDOLPH J. HAINES, Bankruptcy Judge.
The secured creditor has objected that the Debtor’s pending plan of reorganization violates § 1122 1 by classifying the creditor’s guaranteed deficiency claim separately from the unguaranteed trade vendor claims. Based on the language, structure and purpose of § 1122, interpreted in light of the history under the Act, Ninth Circuit case law under the Code, and the legislative intent of § 1129(a)(10), the Court finds and concludes that evidence may demonstrate that a debt for which there is another source of repayment…
2Cases cited23 opinions
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- In Re Bryson Properties, Xviii, Debtor. Travelers Insurance Company v. Bryson Properties, XviiiCourt of Appeals for the Fourth Circuit · 1992
- 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
- In the Matter of Greystone III Joint Venture, Debtor. Phoenix Mutual Life Insurance Company v. Greystone III Joint VentureCourt of Appeals for the Fifth Circuit · 1992
- American United Mutual Life Insurance v. City of Avon ParkSupreme Court of the United States · 1940
18 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wells Fargo Bank, N.A. v. Loop 76, LLC (In Re Loop 76, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- In Re Red Mountain MacHinery Co.United States Bankruptcy Court, D. Arizona · 2011
- In re Bataa/Kierland LLCUnited States Bankruptcy Court, D. Arizona · 2012
- In re NNN Parkway 400 26, LLCUnited States Bankruptcy Court, C.D. California · 2014
- Global Travel International, Inc.United States Bankruptcy Court, M.D. Florida · 2022
1 more not listed; retrieve them via the Exa API.