· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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