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§ 1111(b)(2)

Murray Metallurgical Coal Holdings, LLC, In re

Aug
08
2020
Ruling
Creditor could not elect to treat its claim as fully secured where collateral was being soldunder the plan and forfeited any right it had to credit bid on the collateral alone when itconsented to the bidding procedures. (Bankr. S.D. Ohio)
Issue(s)
Claims and Interests; Claims Secured by Liens; Election of Secured Status.

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Commercial opinion summary, case decided on August 08, 2020 , LexisNexis #0920-068
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Pioneer Carriers, LLC, In re

Feb
08
2018
Ruling
Court ruled that an undersecured creditor who elects the application of § 1111(b) is entitledto its post-petition attorneys' fees as part of its secured claim. (Bankr. S.D. Tex.)
Issue(s)
Claims and Interests; Claims Secured by Liens; Election of Secured Status.

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Commercial opinion summary, case decided on February 08, 2018 , LexisNexis #0318-080
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Transwest Resort Props., In re--JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Props.

Jan
25
2018
Ruling
Plan involving an electing creditor was not required to contain a due-on-sale clause. (9th Cir.)
Issue(s)
Claims and Interests; Claims Secured by Liens; Election of Secured Status.

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on January 25, 2018 , LexisNexis #0318-019
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Transwest Resort Props., In re--JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Props.

Jan
25
2018
Ruling
Plan involving an electing creditor was not required to contain a due-on-sale clause. (9th Cir.)
Issue(s)
Claims and Interests; Claims Secured by Liens; Election of Secured Status.

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on January 25, 2018 , LexisNexis #0318-019
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In re Warkentin

Aug
16
2011
Ruling
Amended claim including postpetition attorneys' fees and costs allowed over debtor's objection.
Procedural posture

Chapter 11 debtor objected to an amended claim filed by the holder of a deed of trust on the debtor's real property.

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Consumer opinion summary, case decided on August 16, 2011 , LexisNexis #0911-059
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In re Seasons Partners LLC

Oct
28
2010
Ruling
Bankruptcy court declined to reconsider valuation in confirming debtor's plan as objecting creditor had opted to be treated as fully secured.
Procedural posture

A chapter 11 debtor presented a plan of reorganization for confirmation. A secured creditor objected on various grounds. The creditor also moved for reconsideration of a valuation opinion.

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Commercial opinion summary, case decided on October 28, 2010 , LexisNexis #1210-026
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General Elec. Credit Equities Inc. v. Brice Rd. Dev. L.L.C. (In re Brice Rd. Dev. L.L.C.)

Aug
14
2008
Ruling
Plan did not afford creditor full rights as electing secured creditor where proposed payments did not total allowed amount of claim.
Procedural posture

Appellant creditor challenged a decision of the United States Bankruptcy Court for the Southern District of Ohio, which confirmed appellee debtor's plan over the objections of the creditor, which claimed that the plan was not feasible as required by 11 U.S.C.S. § 1129(a)(11), was not fair and equitable as required by § 1129(b)(2), and failed to accord the creditor its rights as an electing secured creditor under 11 U.S.C.S. § 1111(b)(2).

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 14, 2008 , LexisNexis #0908-029
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