IN RE POTTER MATERIAL SERVICE, INC.

No. 85-1056.

781 F.2d 99 (1986)

In re POTTER MATERIAL SERVICE, INC., Debtor. OFFICIAL CREDITORS' COMMITTEE on Behalf of CLASS 8 UNSECURED CREDITORS, Appellant, v. POTTER MATERIAL SERVICE, INC., Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 7, 1986.


Attorney(s) appearing for the Case

Stephen R. Buschmann, Buschmann, Carr & Meyer, Indianapolis, Ind., for appellant.

Henry A. Efroymson, Ancel, Dunlap, Traylor, Indianapolis, Ind., for appellee.

Before WOOD, Circuit Judge, FAIRCHILD, Senior Circuit Judge, and GORDON, Senior District Judge.


HARLINGTON WOOD, Jr., Circuit Judge.

In this case a class of unsecured creditors of the debtor Potter Material Service, Inc. challenge the reorganization plan of the debtor. The district court affirmed the bankruptcy judge's decision to confirm the debtor's plan under 11 U.S.C. § 1129(b), the "cramdown" provision of the Bankruptcy Code, over the dissent of the unsecured creditors who under the plan stand to receive an amount equal to 3% of their claims. Because...

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