· 3/19/2012
Friedman v. P+P, LLC (In Re Friedman)
Citations
- 466 B.R. 471
- 2012 WL 911545
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a “specific mission” of the absolute priority rule historically was to “undermine corporate shareholders’ advantages over unsecured creditors”
- discussing the bankruptcy court’s determination — in an unpublished February 17, 2011 order — that the APR applies to individual Chapter 11 debtors
- discussing the bankruptcy court’s determination — in an unpublished February 17, 2011 order — that the absolute priority rule applies to individual Chapter 11 debtors
- explaining and providing sources to support the proposition that “including” is not a word of limitation
- “The absolute priority rule’s origins lie in the intersection between fraudulent transfer law and the rise of the railroad during the nineteenth century.”
- plain language reads in support of the broad view
Source: CourtListener parenthetical corpus (CC0).
Judges: Jury, Kirscher, Clarkson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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