Heartland Federal Savings & Loan Ass'n v. Briscoe Enterprises, Ltd., II

How courts have described this case

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

• applying the preponderance of evidence standard in the context of a cram-down of a secured claim
• noting “[n]umerous courts have chosen the contract rate if it seemed to be a good estimate as to the appropriate discount rate”
• “(a) number of bankruptcy courts have used the clear and convincing standard in a cram-down, ... (none of them offer) a satisfactory explanation why that is the appropriate standard.”
• “Deferred cash payments consist of an appropriate interest rate and an amortization of the principal which constitutes the [ ] claim”
• court of appeals affirming bankruptcy court’s ruling on payment of professional fees
• preponderance means that it is more likely than not

Source: CourtListener parenthetical corpus (CC0).