Case Study: In Re Loop 76

Law360, New York (June 29, 2012, 12:45 PM EDT) -- In In re Loop 76 LLC, the Bankruptcy Appellate Panel for the Ninth Circuit (BAP) recently held that a bankruptcy court may consider whether a creditor received a third-party source of payment (e.g., a guaranty) when determining whether that creditor’s claim is “substantially similar” to other claims for purposes of plan classification under 11 U.S.C. § 1122(a). In re Loop 76 LLC, 465 B.R. 525 (B.A.P. 9th Cir. 2012).

In Loop 76 LLC, the BAP permitted the separate classification of an unsecured deficiency claim (i.e., the...
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