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§ 1111(b)(1)

In re AT-NET Services-Charlotte Inc.

Aug
17
2015
Ruling
Undersecured creditor's claim against debtor's receivables was not of inconsequential value and could be elected to be treated as secured.
Issue(s)
Whether undersecured creditor's interest is "of inconsequential value" which would prevent the creditor from electing to have its entire claim treated as secured.

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Commercial opinion summary, case decided on August 17, 2015 , LexisNexis #0915-024
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In re B.R. Brookfield Commons No. 1 LLC

Nov
04
2013
Ruling
Claim based on second mortgage on shopping mall securing nonrecourse loan properly held to be valid.
Issue(s)
Did bankruptcy court err in holding that second mortgage, a nonrecourse loan, on a shopping center in which there was no equity at the time of the bankruptcy filing, was valid.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on November 04, 2013 , LexisNexis #1113-132
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In re River Canyon Real Estate Invs. LLC

Jul
29
2013
Ruling
Section 1111(b) election by one member of two member class was invalid as not made by "more than half" of class.
Issue(s)
Whether only one member of a two-member class of secured creditors, with liens of equal priority on the same collateral, may validly make an election.

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Commercial opinion summary, case decided on July 29, 2013 , LexisNexis #0913-095
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Airadigm Communs. Inc. v. Telephone & Data Sys.

Aug
12
2008
Ruling
Creditor's interest arising from funding of loans from earlier chapter 11 plan could not be recharacterized as an equity investment.
Procedural posture

Before the court were four appeals from three final orders of the Bankruptcy Court for the Western District of Wisconsin on allowability of claims 14, 15, and 16 filed by appellee/appellant claimant against appellant/appellee debtor's estate. Appellant creditor Federal Communications Commission (FCC) challenged the allowance of claims 14 and 16 and the claimant appealed the disallowance of claim 15 and the interest portion of claim 16.

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Commercial opinion summary, case decided on August 12, 2008 , LexisNexis #0908-011
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