Legal Opinion

Ice House America, LLC v. Charles Cardin

Court of Appeals for the Sixth Circuit

Decided May 13, 2014No. 13-5764PublishedCited by 13 opinions

1Opinion of the Court

OPINION

KETHLEDGE, Circuit Judge.

The question presented in this case is whether the 2005 amendments to the Bankruptcy Code abrogated the so-called “absolute-priority rule” as applied to individual debtors who file for bankruptcy under Chapter 11 of the Code. The bankruptcy court said yes, and approved a bankruptcy plan that allowed the debtor, Charles Cardin, to retain most of his pre-petition assets while paying his principal unsecured creditor, Ice House America, LLC, less than 10 cents on the dollar of its approved claim. We respectfully disagree with the bankruptcy court’s reading of the…

2Cases cited9 opinions

  1. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
  2. Radlax Gateway Hotel, LLC v. Amalgamated BankSupreme Court of the United States · 2012
  3. Toibb v. RadloffSupreme Court of the United States · 1991
  4. Hamilton v. LanningSupreme Court of the United States · 2010
  5. In Re: Koenig Sporting Goods, Inc., Debtor. Koenig Sporting Goods, Inc. v. Morse Road CompanyCourt of Appeals for the Sixth Circuit · 2000

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

3Cited by13 opinions

  1. David Zachary v. California Bank & TrustCourt of Appeals for the Ninth Circuit · 2016
  2. In re JohnsonUnited States Bankruptcy Court, S.D. Ohio · 2016
  3. Heritage Bank v. Woodward (In re Woodward)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2015
  4. Ky. Emps. Ret. Sys. v. Seven Counties Servs., Inc.Court of Appeals for the Sixth Circuit · 2018
  5. In re FryarUnited States Bankruptcy Court, E.D. Tennessee · 2017

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

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