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BT/SAP v. COLTEX LOOP CENT. THREE PARTNERS, L.P.

No. 96 Civ. 0029 (DC).

203 B.R. 527 (1996)

BT/SAP POOL C ASSOCIATES, L.P., Appellant, v. COLTEX LOOP CENTRAL THREE PARTNERS, L.P., Appellee.

United States District Court, S.D. New York.

As Amended November 21, 1996.

Attorney(s) appearing for the Case

Luskin & Stern by Michael Luskin, Lori Lapin Jones, New York City, for Appellant.

Pryor, Cashman, Sherman & Flynn by Peter D. Wolfson, Suzanne D.T. Lovett, New York City, for Appellee.

AMENDED OPINION

CHIN, District Judge.

At issue in this appeal from a final order of the Bankruptcy Court (Cornelius Blackshear, B.J.) confirming a Chapter 11 plan of reorganization is the interplay between the "absolute priority rule" and what has been referred to generally as the "new value exception."

The absolute priority rule was first developed as a matter of common law in the nineteenth...

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