IN RE SIERRA-CAL

Bankruptcy No. 96-25693-C-11.

210 B.R. 168 (1997)

In re SIERRA-CAL, a Nevada Corporation, dba Sierra-Cal Lodge, Debtor.

United States Bankruptcy Court, E.D. California.

June 27, 1997.


Attorney(s) appearing for the Case

Stephen A. Koonce, Jarvis, Longaker, Koonce & Dashiell, Sacramento, CA, for debtor.

William B. Cherry, William B. Cherry and Associates, Stateline, NV, for objecting creditors.


OPINION

CHRISTOPHER M. KLEIN, Bankruptcy Judge:

The issue, which appears to be a question of first impression, is whether in plan confirmation proceedings the mandatory disallowance of certain claims pursuant to 11 U.S.C. § 502(d) should be imposed when calculating the hypothetical chapter 7 liquidation required by the "best interests" test.

This court concludes that § 502(d), which mandatorily disallows claims of creditors who received...

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