In Re Landing Associates, Ltd.

How courts have described this case

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

• noting that the large amount of attorneys fees spent by the creditor was evidence of its disregard for its interests qua creditor and of its intent to destroy the debtor at all costs
• finding such a test to be “far too strict a test to make section 1126(e) serve as the useful tool it was intended to be”
• “Refinancing or sale does not mean ‘reorganization’ or ‘liquidation’ as those terms are used in the Bankruptcy Code.”
• “each creditor is expected to cast his vote ‘in accordance with his perception of his own self-interest’ ”
• court found optimistic predictions for occupancy rate of apartment building was sound where apartment building was only apartment building near a large military base
• Section 1129(a)(2) met even where Debtor had prior violation of cash collateral order, stating “Congress did not intend to fashion a minefield out of the provisions of the Bankruptcy Code.”

Source: CourtListener parenthetical corpus (CC0).