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IN RE AMERICAN HOMEPATIENT, INC.

Nos. 03-6500, 03-6501.

420 F.3d 559 (2005)

In re: AMERICAN HOMEPATIENT, INC., Debtor. Bank of Montreal et al., Appellants/Cross-Appellees, v. Official Committee of Unsecured Creditors et al., Appellees/Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 16, 2005.

Attorney(s) appearing for the Case

ARGUED: Robin E. Phelan, Haynes & Boone, Dallas, Texas, for Appellants. Frank J. Wright, Hance, Scarborough, Wright, Ginsburg & Brusilow, Dallas, Texas, for Appellees. ON BRIEF: Robin E. Phelan, Alan Wright, Haynes & Boone, Dallas, Texas, James R. Kelley, Neal & Harwell, Nashville, Tennessee, for Appellants. Frank J. Wright, C. Ashley Ellis, Hance, Scarborough, Wright, Ginsburg & Brusilow, Dallas, Texas, Michael R. Paslay, Waller, Lansden, Dortch & Davis, Nashville, Tennessee, Robert J. Mendes, Robert J. Gonzales, Jr., Mendes & Gonzales, Nashville, Tennessee, for Appellees.

Before: CLAY, GILMAN, and COOK, Circuit Judges.

OPINION

GILMAN, Circuit Judge.

In July of 2002, American HomePatient, Inc. (American) filed for relief under Chapter 11 of the Bankruptcy Code. Despite objections by a group of secured lenders to American's proposed plan of reorganization, the bankruptcy court imposed the plan on the lenders pursuant to the Bankruptcy Code's so-called "cramdown" provisions set forth in 11 U.S.C. § 1129(b). The bankruptcy court further concluded that the appropriate...

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