Oxford Life Insurance v. Tucson Self-Storage, Inc. (In Re Tucson Self-Storage, Inc.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
AMENDED OPINION1 .
BARRY RUSSELL, Bankruptcy Judge:
A creditor appeals from the bankruptcy court’s order confirming a Chapter 112 plan of reorganization, arguing that the plan improperly placed similar claims in separate classes, the plan unfairly discriminated and violated the absolute priority rule. We REVERSE and REMAND.
I. FACTS
On May 22, 1991, the Debtor/Appellee, Tucson Self-Storage, Inc. (“Tucson”), was formed and incorporated under the laws of the State of Arizona. Tucson owns and operates its only asset, a mini-storage facility in Tucson, Arizona (“Storage Facility”).
On that date,…
2Cases cited28 opinions
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Mills v. GreenSupreme Court of the United States · 1895
- Case v. Los Angeles Lumber Products Co.Supreme Court of the United States · 1939
- In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
- In Re Bonner Mall Partnership, Debtor. Bonner Mall Partnership v. U.S. Bancorp Mortgage Co.Court of Appeals for the Ninth Circuit · 1993
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- In Re SimmonsUnited States Bankruptcy Court, N.D. Texas · 2003
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