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IN RE MARTIN

Case No: 8:13-bk-00624-MGW.

497 B.R. 349 (2013)

IN RE: Valerie Ann MARTIN, Debtor.

United States Bankruptcy Court, M.D. Florida Tampa Division.

September 17, 2013.

Attorney(s) appearing for the Case

Michael C. Caborn, Esq. , Winderweedle, Haines, Ward & Woodman, P.A., Orlando, FL, Counsel for Cadles of Grassy Meadows II, LLC.

Buddy D. Ford, Esq. , Buddy D. Ford, P.A., Tampa, FL, Counsel for Debtor.

Chapter 11

MEMORANDUM OPINION ON ABSOLUTE PRIORITY RULE

Michael G. Williamson, United States Bankruptcy Judge.

In this Memorandum Opinion, the Court adopts the "narrow view" of the applicability of the absolute priority rule in individual Chapter 11 cases following the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act.1 Under this view, a plan cannot be confirmed unless either a non-accepting...

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