1. Home
  2. Browse Decisions
  3. F.3d
  4. 21 F.3d
  5. 21 F.3d 323 (1994)
 

IN RE JOHNSTON

No. 92-15976.

21 F.3d 323 (1994)

In re James E. JOHNSTON, dba Johnston Enterprises, Debtor. STEELCASE INC., Appellant, v. James E. JOHNSTON and Unsecured Creditors' Committee, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 4, 1994.

As Amended May 6, 1994.

Attorney(s) appearing for the Case

R. Dale Ginter, Dan L. Carroll, Lisa L. Ditora, Downey, Brand, Seymour & Rohwer, Sacramento, CA, for appellant.

David M. Meegan, Roberta Lindsey Scott, Moore, Meegan, Hanschu & Kassenbrock, Sacramento, CA, for appellee.

Before: WALLACE, Chief Judge, GARTH and WIGGINS, Circuit Judges.

OPINION

GARTH, Circuit Judge:

We are called upon in this case to decide: (1) the proper standard for determining when an unsecured claim may be classified separately from other unsecured claims under 11 U.S.C. § 1122(a)1; and (2) whether the absolute priority rule, codified at 11 U.S.C. § 1129(b)(2)(B), is violated whenever a debtor retains assets of the bankrupt estate before actual payment is made in full to all senior...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases