IN RE ROSWELL-HANNOVER JOINT VENTURE

Bankruptcy No. 92-66631-JB.

149 B.R. 1014 (1992)

In re ROSWELL-HANNOVER JOINT VENTURE, Debtor. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Movant, v. ROSWELL-HANNOVER JOINT VENTURE, Respondent.

United States Bankruptcy Court, Northern District of Georgia, Atlanta Division.

December 16, 1992.


Attorney(s) appearing for the Case

Alfred G. Adams, Jr., S. Perry Thomas, Jr., Sutherland, Asbil & Brennan, Atlanta, GA, for movant.

Otto F. Feil, III, Lisa F. Harper, Vincent, Chorey, Taylor & Feil, Atlanta, GA, for debtor-respondent.


ORDER

JOYCE BIHARY, Bankruptcy Judge.

The issue in this Chapter 11 single asset real estate case is whether debtor's proposed plan, which places the secured creditor's deficiency claim in a separate class from other unsecured creditors, is unconfirmable. After considering the evidence, argument of counsel and the parties' briefs, the Court concludes that the classification scheme proposed is improper, and the plan is unconfirmable.

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