IN RE ICH CORP.

No. 3:98-CV-2197-D, Bankruptcy Nos. 395-36351-RCM-11 to 395-36354-RCM-11, Adversary No. 397-3110.

230 B.R. 88 (1999)

In re ICH CORP., f/k/a Southwestern Life Company, Debtor. In re SWL Holding Corporation, Debtor. In re Facilities Management Installation, Inc., Debtor. In re Care Financial Corporation, Debtor. Susan A. Brown, as Managing Trustee of the Lone Star Liquidating Trust, Plaintiff-Appellant, v. Victor L. Sayyah, Defendant-Appellee.

United States District Court, N.D. Texas, Dallas Division.

February 4, 1999.


Attorney(s) appearing for the Case

Robert B. Krakow (argued), Peter C. D'Apice, and I. Richard Levy of Gibson, Dunn & Crutcher, L.L.P., Dallas, TX for plaintiff-appellant.

Jack L. Kinzie, Bobbie T. Shell (argued), and Brenda T. Rhoades of Baker & Botts, L.L.P., Dallas, TX for defendant-appellee.


APPEAL FROM THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS

FITZWATER, District Judge.

This appeal presents the question whether the bankruptcy court erred in holding that a debenture did not, as a matter of law, include original issue discount ("OID"). Concluding that the bankruptcy court erred, its judgment is reversed and this adversary proceeding is remanded for further proceedings.

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