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MATTER OF PIZZA OF HAWAII, INC.

Civ. No. 83-871, Bankruptcy No. 80-629.

40 B.R. 1014 (1984)

In the Matter of PIZZA OF HAWAII, INC., Debtor.

United States District Court, D. Hawaii.

July 26, 1984.

Attorney(s) appearing for the Case

James N. Duca, Woo, Kessner & Duca, Honolulu, Hawaii, for debtor.

Francis T. O'Brien, David D. Cheal, John A. Chanin, James Y. Agena, Honolulu, Hawaii, for Shakey's Inc.

OPINION AND ORDER VACATING BANKRUPTCY COURT'S CONFIRMATION OF PLAN AND REMANDING FOR AN ESTIMATION OF CLAIM

SAMUEL P. KING, District Judge.

Shakey's Incorporated appeals the bankruptcy court's Order Confirming Plan entered on June 29, 1983. This court concludes that the bankruptcy court erred by confirming the plan without first estimating Shakey's claim pursuant to 11 U.S.C. § 502(c) and including that estimate in its consideration of the plan's feasibility...

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