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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.