IN RE LUCARELLI

Nos. 13-30350 (JAM), 13-30443 (JAM).

517 B.R. 42 (2014)

In re Richard and Stephanie LUCARELLI, Lucarelli's Executive Answering Service, LLC, Debtors.

United States Bankruptcy Court, D. Connecticut.

Signed September 4, 2014.


Attorney(s) appearing for the Case

Kenneth Lenz, Esq. , Lenz Law Firm, LLC, Orange, CT, for Richard and Stephanie Lucarelli.

Carl T. Gulliver, Esq. , Coan, Lewendon, Gulliver & Miltenberger, LLC, New Haven, CT, for Lucarelli's Executive Answering Service, LLC.

Michael A. Carbone, Esq. , Zeldes, Needle & Cooper, P.C., Bridgeport, CT, for unsecured creditor Sweet Delights, LLC.


MEMORANDUM OF DECISION ON SECOND AMENDED JOINT PLAN OF REORGANIZATION

JULIE A. MANNING, Bankruptcy Judge.

I. Introduction

This case raises an apparent issue of first impression in this district and this circuit: whether The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (hereinafter, "BAPCPA") eliminated the absolute priority rule in individual Chapter 11 debtor cases.

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