In re CE Elec. Contractors

2 Citing cases

  1. In re Westbank Holdings, LLC

    No. 22-10082 (Bankr. E.D. La. Apr. 19, 2023)

    As other courts have done, this Court implements the well-founded "rebuttable-presumption" test for unfair discrimination proposed by Professor and former Bankruptcy Judge Bruce A. Markell. See, e.g., In re CE Elec. Contractors, LLC, No. 21-20211, 2022 WL 1420094, at *3 (Bankr. D. Conn. May 4, 2022); In re Sentry Operating Co. of Tex., Inc., 264 B.R. 850, 863-64 (Bankr.S.D.Tex. 2001); In re Greate Bay Hotel & Casino, Inc., 251 B.R. 213, 231 (Bankr. D.N.J. 2000); In re Dow CorningCorp., 244 B.R. 696, 702 (Bankr. E.D. Mich. 1999). Under the Markell test, a rebuttable presumption of unfair discrimination would arise where there is (1) a dissenting class; (2) another class of the same priority; and (3) a difference in the plan's treatment of the two classes that results in either (a) a materially lower percentage recovery for the dissenting class (measured in terms of net present value of all payments), or

  2. In re Lapeer Aviation, Inc.

    No. 21-31500 (Bankr. E.D. Mich. Oct. 12, 2022)   Cited 1 times

    In re CE Elec. Contractors, LLC, No. 21-20211 (JJT), 2022 WL 1420094, at *3 (Bankr D. Conn., May 4, 2022) citing In re LightSquared, Inc., 513 B.R. 56, 99 (Bankr. S.D.N.Y. 2014)(citations omitted). Courts have developed various tests to determine whether there has been unfair discrimination.