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Zachary v. California Bank &Trust

Ruling
Absolute priority rule continues to apply in individual post-BAPCPA chapter 11 cases.
Issue(s)
Whether the absolute priority rule under 11 U.S.C.S. § 1129(b)(2)(B)(ii) continued to apply in individual chapter 11 cases after BAPCPA.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on January 28, 2016 , LexisNexis #0216-131

Marciano v. Chapnick (In re Marciano)

Ruling
Unstayed, non-default judgment that was on appeal was not subject to bona fide dispute so as to defeat involuntary petition.
Procedural posture

Alleged debtor appealed a decision of the U.S. Bankruptcy Appellate Panel for the Ninth Circuit, which affirmed a bankruptcy court decision granting petitioning creditors' motion for summary judgment on its involuntary petition.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 27, 2013 , LexisNexis #0313-075