IN RE GRIFFITHS

Bankruptcy No. 82-40737.

27 B.R. 873 (1983)

In Re: Larry Max GRIFFITHS, Coralee (NMN) Griffiths d/b/a Coralar Farms f/d/b/a MGCB Packing Co., Ltd., Debtors.

United States Bankruptcy Court, D. Kansas.

March 2, 1983.


Attorney(s) appearing for the Case

John H. Stauffer, Jr. of Colmery, McClure, Funk, Letourneau & Entz, Topeka, Kan., for debtors.

Jan M. Hamilton of Hamilton, Peterson, Tipton & Muxlow, Topeka, Kan., for creditor, Union State Bank.


MEMORANDUM OF DECISION

JAMES A. PUSATERI, Bankruptcy Judge.

In this chapter 11 proceeding, the parties have asked the Court, in a declaratory action, to determine if 11 U.S.C. § 1129(b)(2)(A)(iii) allows the debtors to cram down their plan of reorganization when an electing secured creditor intends to vote to reject the plan.

The issues presented for determination are:

1. If a recourse, undersecured creditor, in its own class, has made...

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