Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

Associates Commercial Corp. v. Rash

Docket No.: 96-454
Argued: April 16, 1997
Decided: June 16, 1997

Topics:

Bankruptcy Code, Bankruptcy Act or Rules, or Bankruptcy Reform Act of 1978, Economic Activity, Bankruptcy, Bankruptcy, Bankruptcy Code

PartyNames: ASSOCIATES COMMERCIAL CORPORATION, Petitioner, v. Elray RASH et ux.
Petitioner: Associates Commercial Corp.
Respondent: Rash

Court Below: THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Citation: 90 F.3d 1036
Lower Court Decision
Supreme Court Docket

Associates Commercial Corp.
v.
Rash
520 U.S. 953 (1997)
Other Citations: 117 S.Ct. 1879138 L.Ed.2d 148 (520 U.S.
Question:

Is the value of collateral, under the "cram-down" provision of the Bankruptcy Code, section 1325(a)(5)(B), determined by the "foreclosure-value" standard, or what a secured creditor could obtain through a foreclosure sale of the property?

Associates Commercial Corp. v. Rash
ORAL ARGUMENT

April 16, 1997

Holding: reversed and remanded
Decision: Decision: 8 votes for Associates Commercial Corp., 1 vote(s) against
Database Connection failed: SQLSTATE[HY000] [1045] Access denied for user 'restauz8_sophi'@'localhost' (using password: YES)