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IN RE BRYSON PROPERTIES, XVIII

No. 91-2614.

961 F.2d 496 (1992)

In re BRYSON PROPERTIES, XVIII, Debtor. TRAVELERS INSURANCE COMPANY, Plaintiff-Appellant, v. BRYSON PROPERTIES, XVIII, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 20, 1992.

Attorney(s) appearing for the Case

Thomas B. Henson and Allen Keith Robertson, Robinson, Bradshaw & Hinson, P.A., Charlotte, N.C., argued, for plaintiff-appellant.

John A. Northen, Northen, Blue, Little, Rooks, Thibaut & Anderson, Chapel Hill, N.C., argued. (Joann Ragazzo Woods, Northen, Blue, Little, Rooks, Thibaut & Anderson, Chapel Hill, N.C. and William P. Miller, Roberson, Haworth & Reese, High Point, N.C., on brief), for defendant-appellee.

Before WIDENER and LUTTIG, Circuit Judges, and RESTANI, Judge, United States Court of International Trade, sitting by designation.

OPINION

RESTANI, Judge:

Travelers Insurance Company ("Travelers") appeals from the decision of the district court, 129 B.R. 440, that upheld the bankruptcy court's order confirming a reorganization plan filed by the debtor, Bryson Properties XVIII ("Bryson"). We reverse and remand on the grounds that the reorganization plan is not fair and equitable to Travelers.

The debtor, Bryson, is a limited partnership organized...

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