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· 10/26/1988

In Re Spanish Lake Associates

Citations

  • 92 B.R. 875
  • 1988 Bankr. LEXIS 1879
  • 18 Bankr. Ct. Dec. (CRR) 693
  • 1988 WL 116485

How courts have described this case

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

  • listing five “elements” pertinent to the question of whether a provision calling for “negative amortization of ... post-confirmation interest” is “fair and equitable”
  • plan not fair and equitable where negative amortization caused level of debt to be greater than on date of confirmation for eleven years after confirmation
  • Debt to value ratio would reach 86.5%, putting the risk of failure on the creditor.
  • Deferral for seven years and eleven years for debt to return to amount at confirmation was excessive.
  • plan not fair and equitable where negative amortization caused level of debt to be greater than on date of confirmation for eleven years after confirmation
  • deferral of interest at an accelerating rate over seven years is inequitable

Source: CourtListener parenthetical corpus (CC0).

Judges: Barry S. Schermer

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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.