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· 8/26/1997

First National Bank v. Fantasia (In Re Fantasia)

Citations

  • 211 B.R. 420
  • 38 Collier Bankr. Cas. 2d 1132
  • 1997 Bankr. LEXIS 1404
  • 1997 WL 532503

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • discussing when a proposed balloon plan payment meets plan feasibility requirement
  • plan calling for payment using rental income from property that was facing foreclosure not feasible
  • inclusion of a balloon payment is not dispositive of a plan’s feasibility
  • “To satisfy feasibility, a debtor's plan must have a reasonable likelihood of success, i.e., that it is likely that the debtor will have the necessary resources to make all payments as directed by the plan.”
  • “To satisfy feasibility, a debtor’s plan must have a reasonable likelihood of success,” that is, it must be “likely that the debtor will have the necessary resources to make all payments as directed by the plan.”
  • where plan relied on balloon payment, BAP rejected absolute certainty as impossible standard of feasibility and settled instead on reasonable likelihood of success, to be established by definite and credible evidence of ability to make the balloon payment

Source: CourtListener parenthetical corpus (CC0).

Judges: Goodman, Lamoutte, Vaughn

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.