Legal Opinion

In Re Southern Missouri Towing Service, Inc.

United States Bankruptcy Court, W.D. Missouri

Decided December 20, 1983No. 19-30134PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JOEL PELOFSKY, Bankruptcy Judge.

In this Chapter 11 case an undersecured creditor, the SBA, has made a timely Section 1111(b) election. The debtor disputes the impact of the election. The plan cannot be confirmed until the Court determines whether the claim is treated properly. Except for valuation of the collateral, there are no disputed issues of material fact. The parties have filed briefs and the Court has taken the matter under advisement.

Section 1111(b) of the Code, Title 11, U.S.C., provides, in pertinent part, that:

“(1)(A) A claim secured by a lien on…

2Cases cited3 opinions

  1. In Re GriffithsUnited States Bankruptcy Court, D. Kansas · 1983
  2. In Re WE Parks Lumber Co., Inc.United States Bankruptcy Court, W.D. Louisiana · 1982
  3. In Re HallumUnited States Bankruptcy Court, E.D. Tennessee · 1983

3Cited by9 opinions

  1. General Electric Credit Equities, Inc. v. Brice Road Developments, L.L.C. (In Re Brice Road Developments, L.L.C.)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
  2. First Federal Bank of California v. Weinstein (In Re Weinstein)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  3. In Re KellerUnited States Bankruptcy Court, N.D. Iowa · 1985
  4. IPC Atlanta Ltd. Partnership v. Federal Home Loan Mortgage Corp. (In Re IPC Atlanta Ltd. Partnership)United States Bankruptcy Court, N.D. Georgia · 1994
  5. In Re Pamplico Highway Development, LLCUnited States Bankruptcy Court, D. South Carolina · 2012

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