IN RE BARRINGTON OAKS GENERAL PARTNERSHIP

Bankruptcy Nos. 80-01233, 80-01234.

15 B.R. 952 (1981)

In re BARRINGTON OAKS GENERAL PARTNERSHIP, a general partnership, Debtor. In re STARCREST PROPERTIES, LTD., a limited partnership, Debtor.

United States Bankruptcy Court, D. Utah.

December 9, 1981.


Attorney(s) appearing for the Case

William G. Fowler, Bryce E. Roe, Anna W. Drake, Roe & Fowler, Salt Lake City, Utah, for debtors.

Herschel J. Saperstein, Weston L. Harris, Watkiss & Campbell, Salt Lake City, Utah, William H. Bingham, McGinnis, Lochridge & Kilgore, Austin, Tex., for First Nat. Bank of Minneapolis.


MEMORANDUM OPINION

RALPH R. MABEY, Bankruptcy Judge.

STATEMENT OF ISSUES AND FACTUAL BACKGROUND

This case raises two issues: whether changing buyers under a trust deed "impairs" the lienor within the meaning of 11 U.S.C. Section 1124, and whether a plan of reorganization may be confirmed if no impaired class accepts in light of 11 U.S.C. Section 1129(a)(10).

On August 12, 1977, Starcrest Properties, Ltd. (Starcrest), a limited partnership...

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