IN RE TAVERN MOTOR INN, INC.

Bankruptcy No. 83-89.

56 B.R. 449 (1985)

In re TAVERN MOTOR INN, INC., d/b/a The Montpelier Tavern Inn, Debtor.

United States Bankruptcy Court, D. Vermont.

December 20, 1985.


Attorney(s) appearing for the Case

Bruce Bjornlund, Waterbury, Vt., for John M. Kilmurry.

Andrew Field, Burlington, Vt., for debtor.

William Gray, Burlington, Vt., for Irving Anders of Montpelier, Vt. (Anders).

Jacqueline Hughes, Montpelier, Vt., for State of Vt., Dept. of Taxes (DOT).

John Kilmurry, Montpelier, Vt., for Barbara Kilmurry.

Spencer Knapp, Burlington, Vt., for Chittenden Trust Co. (CTC).

Brian Lyford, Northfield, Vt., for Northfield Sav. Bank of Northfield, Vt. (NSB).

Jerome I. Meyer, White River Junction, Vt., for Unsecured Creditor's Committee.

Patti Page, Burlington, Vt., for the U.S.I.R.S.

John P. Riley, Montpelier, Vt., for the City of Montpelier, Vt. (Montpelier).

Raffaele Terino, White River Junction, Vt., for Avery Inns of Vermont, Inc. (Avery).

F. Voight, pro se, for Culinary Institute of America (CIA).


MEMORANDUM AND ORDER

FRANCIS G. CONRAD, Bankruptcy Judge.

This matter is before the Court for an Order to approve debtor's Fifth Amended Plan of Reorganization (2nd revision). After an initial hearing on the amended plan, the objections, and a motion to convert by a secured creditor, debtor asked the Court to invoke 11 U.S.C. Section 1129(b), the "cram-down" provision of the Code. A hearing was held on the objections to applying 11 U.S.C. Section 1129(b...

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