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IN RE AMERICAN MARINER INDUSTRIES, INC.

Bankruptcy No. SA 80-03623 PE, Adv. No. SA 81-0163.

10 B.R. 711 (1981)

In re AMERICAN MARINER INDUSTRIES, INC., Debtor. CROCKER NATIONAL BANK, a National Banking Association, Plaintiff, v. AMERICAN MARINER INDUSTRIES, INC., a California Corporation, Defendant.

United States Bankruptcy Court, C.D. California.

April 23, 1981.

Attorney(s) appearing for the Case

James E. Carter, Santa Ana, Cal., for debtor/defendant.

John A. Graham, Frandzel & Share, Beverly Hills, Cal., for plaintiff.

MEMORANDUM OF DECISION

PETER M. ELLIOTT, Bankruptcy Judge.

The first issue to be decided is, if the value of the collateral is not depreciating, whether an undersecured creditor is entitled to interest on the present value of the collateral as adequate protection. The second issue is whether the debtor will be unable to confirm a plan because the plaintiff has a right to elect, under § 1111(b) of the Code, to be treated as a secured creditor in the...

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