· 3/31/1994
Connecticut General Life Insurance v. Hotel Associates of Tucson (In Re Hotel Associates of Tucson)
Citations
- 165 B.R. 470
- 94 Cal. Daily Op. Serv. 2843
- 94 Daily Journal DAR 5405
- 30 Collier Bankr. Cas. 2d 1537
- 1994 Bankr. LEXIS 547
- 25 Bankr. Ct. Dec. (CRR) 801
- 1994 WL 149721
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the fact that a debtor could leave a class unimpaired does not change the class’s status from impaired to unimpaired; it is not the bankruptcy court’s role to determine whether alternative payment structures could produce a different result regarding impairment
- remanding to bankruptcy court for findings on whether plan proposed in good faith
- A bankruptcy court need not determine the exis- tenee of alternate payment structures, and a plan proponent is not required to create unimpaired classes.
- “Under Bankruptcy Code [§] 1129(a)(10), a plan cannot be confirmed unless at least one ‘impaired class’ accepts the plan, excluding acceptance by any insider.”
- “[A] a plan cannot be confirmed unless at least one ‘impaired class’ accepts the plan, excluding acceptance by any insider.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Meyers, Russell and Volinn, Bankruptcy Judges
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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