United States Ex Rel. Farmers Home Administration v. Arnold & Baker Farms (In Re Arnold & Baker Farms)

How courts have described this case

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

• holding that preponderance of the evidence is the appropriate standard of proof in a cramdown over a secured creditor under § 1129(b)
• stating property valuation is a question of fact and upholding the finding of a value of land at $7,300 per acre based on the creditor's estimate of $1,381 per acre and the debtor’s estimate ranging up to $8,631 per acre.
• “debtor carries the burden of proving that a Chapter 11 plan complies with the statutory requirements for confirmation under §§ 1129(a) & (b)”
• preponderance of the evidence is the correct burden of proof in the context of plan confirmation
• judg’t aff'd 85 F.3d 1415 (9th Cir.1996), cert. denied 519 U.S. 1054, 117 S.Ct. 681, 136 L.Ed.2d 607 (1997).
• \[A] bankruptcy court may approach a valuation in the context of a relief from the stay hearing under § 362 differently than it would in the context of a 'cram down' under § 1129(b).\

Source: CourtListener parenthetical corpus (CC0).