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IN RE COLTEX LOOP CENTRAL THREE PARTNERS, L.P.

Docket No. 96-5140.

138 F.3d 39 (1998)

In Re: COLTEX LOOP CENTRAL THREE PARTNERS, L.P., Debtor. COLTEX LOOP CENTRAL THREE PARTNERS, L.P., Debtor-Appellant, v. BT/SAP POOL C ASSOCIATES, L.P., Creditor-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 19, 1998.

Attorney(s) appearing for the Case

Peter D. Wolfson (Suzanne D.T. Lovett, Pryor, Cashman, Sherman & Flynn, New York City, on the brief), for Debtor-Appellant.

Michael Luskin (Lori Lapin Jones and Etty M. Pollack, Luskin, Stern & Eisler LLP, New York City, on the brief), for Creditor-Appellee.

Before: JACOBS and LEVAL, Circuit Judges, and RESTANI, Judge.

RESTANI, Judge:

This is an appeal from a judgment of the district court reversing a bankruptcy court order confirming a Chapter 11 cramdown reorganization plan (the "Plan"). The Plan allows pre-bankruptcy equity holders to retain the primary asset of the debtor based on a new capital contribution. We affirm the district court's decision that the Plan does not meet the requirements of confirmation set forth in 11 U.S.C. § 1129 (1994).

JURISDICTION AND...

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