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· 9/15/1987

Gary D. Hanson, Sandra Kay Hanson v. First Bank of South Dakota, N.A.

Citations

  • 828 F.2d 1310
  • 1987 U.S. App. LEXIS 12216
  • 16 Bankr. Ct. Dec. (CRR) 798

How courts have described this case

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

  • reviewing a bankruptcy court's finding that a plan had been proposed in good faith for clear error
  • reviewing bankruptcy court’s ruling on motion for reclassification of claims under clearly erroneous standard
  • \This distinction alone does not warrant separate classification ... because under the Code the undersecured portion of a claim is an unsecured claim.\
  • “This distinction alone does not warrant separate classification ... because under the Code the undersecured portion of a claim is an unsecured claim.”
  • only actual acceptance of plan, not stipulations to agree to accept plan, meets requirement of § 1129(a)(10) for cram down
  • “Conduct does not constitute excusable neglect, however, when the delay was within the creditor’s control ... and could have been prevented by the exercise of diligence by the party failing to perform.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fagg, Wollman, Timbers

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.