By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Part IV Two More Things Trustees Should Know About the Small Business Reorganization Act of 2019 Introduction Four bankruptcy-related bills were enacted during the 116th Congress and signed into law on August 23, 2019.1 The legislation affected both business and consumer cases. One bill, the Small Business Reorganization Act of...
Replacement Value or Foreclosure Value – Does Use of Collateral Matter?
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By Holly Davala, Staff Attorney for Chapter 13 Trustee Craig Shopneck
In re Sunnyslope Housing Limited Partnership (First Southern National Bank v. Sunnyslope Housing Limited Partnership), Nos. 12-17241, 12-17327, 13-16164, 13-16180, (9th Cir. May 26, 2017).
Case Summary:
The en banc court affirmed the district court’s judgment which affirmed the bankruptcy court’s affirmance of a Chapter 11 plan, as modified on remand from the district court. The court held under Associates Commercial Corp. v. Rash, 520 U.S. 953 (1997) that the “value standard . . .
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