Legal Opinion
In Re Outlook/Century Ltd.
United States Bankruptcy Court, N.D. California
Decided May 13, 1991No. 19-10066PublishedCited by 33 opinions
1Opinion of the Court
OPINION
THOMAS E. CARLSON, Bankruptcy Judge.
The principal issue raised in this case is whether there is a “new value” exception to the absolute priority rule of section 1129(b)(2)(B) of the Bankruptcy Code. I conclude that no such exception exists. Because Debtor cannot confirm a plan of reorganization unless there is a new value exception, Debtor’s motion for use of cash collateral is denied, and secured creditor’s motion for relief from the automatic stay is granted.
FACTS
Debtor Outlook Century Ltd. (Debtor) is a limited partnership organized under the laws of California. Its sole asset is an…
2Cases cited29 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- 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
24 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- In Re Bonner Mall Partnership, Debtor. Bonner Mall Partnership v. U.S. Bancorp Mortgage Co.Court of Appeals for the Ninth Circuit · 1993
- In Re Bryson Properties, Xviii, Debtor. Travelers Insurance Company v. Bryson Properties, XviiiCourt of Appeals for the Fourth Circuit · 1992
- 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
- Frank and Arlene Wilson v. Commonwealth Mortgage CorporationCourt of Appeals for the Third Circuit · 1990
- In Re SM 104 Ltd.United States Bankruptcy Court, S.D. Florida. · 1993
28 more not listed; retrieve them via the Exa API.