IN RE CASTLETON PLAZA, LP

No. 12-2639.

707 F.3d 821 (2013)

In the Matter of CASTLETON PLAZA, LP, Debtor. Appeal of EL-SNPR Notes Holdings, LLC.

United States Court of Appeals, Seventh Circuit.

Decided February 14, 2013.


Attorney(s) appearing for the Case

Paul T. Deignan (argued), Attorney, Taft Stettinius & Hollister LLP, Indianapolis, IN, for Debtor.

Alan K. Mills (argued), Attorney, Barnes & Thornburg LLP, Indianapolis, IN, for Appellant.

Before EASTERBROOK, Chief Judge, and FLAUM and ROVNER, Circuit Judges.


EASTERBROOK, Chief Judge.

Creditors in bankruptcy are entitled to full payment before equity investors can receive anything. 11 U.S.C. § 1129(b)(2)(B)(ii). This is the absolute-priority rule. Equity investors sometimes contend that the value they receive from the debtor in bankruptcy is on account of new (post-bankruptcy) investments rather than their old ones. The Supreme Court held in Bank of America National Trust & Savings Ass'n v. 203 North LaSalle...

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