Skip to main content
· 3/4/2013

Wells Fargo Bank National Ass'n Ex Rel. Morgan Stanley Capital I Inc. v. Texas Grand Prairie Hotel Realty, L.L.C. (In Re Texas Grand Prairie Hotel Realty, L.L.C.)

Citations

  • 710 F.3d 324

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 vast majority of bankruptcy courts” have elected to follow Till formula for “cram down” determinations in Chapter 11 context
  • denying dismissal on equitable mootness grounds because the court “could grant partial relief . . . without disturbing the reorganization”
  • approving \straightforward application\ in case under chapter 11 of prime-plus approach in Till v. SCS Credit Corp. , 541 U.S. 465 , 124 S.Ct. 1951 , 158 L.Ed.2d 787 (2004)
  • stating that dictum is not controlling precedent
  • affirming bankruptcy court’s adoption of 1.75% adjustment when the debtor was well managed, “the Debtors’ owners were committed to the business,” the lender’s “collateral was stable or appreciating, and . . . the Debtors’ proposed cramdown plan would be tight but feasible”
  • “This Circuit has taken a narrow view of equitable mootness, particularly where pleaded against a secured creditor.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Higginbotham, Elrod, Haynes

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.