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ICE HOUSE AMERICA, LLC v. CARDIN

No. 13-5764.

751 F.3d 734 (2014)

ICE HOUSE AMERICA, LLC, Appellant, v. Charles CARDIN, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 13, 2014.

Attorney(s) appearing for the Case

ARGUED: Michael S. Kelley , Kennerly, Montgomery & Finley, P.C, Knoxville, TN, for Appellant. William E. Maddox, Jr. , William E. Maddox, JR., LLC, Knoxville, TN, for Appellee. ON BRIEF: Michael S. Kelley , Kennerly, Montgomery & Finley, P.C., Knoxville, TN, for Appellant. William E. Maddox, Jr. , William E. Maddox, Jr., LLC, Knoxville, TN, for Appellee.

Before: SUHRHEINRICH, SILER, and KETHLEDGE, Circuit Judges.

OPINION

KETHLEDGE, Circuit Judge.

The question presented in this case is whether the 2005 amendments to the Bankruptcy Code abrogated the so-called "absolute-priority rule" as applied to individual debtors who file for bankruptcy under Chapter 11 of the Code. The bankruptcy court said yes, and approved a bankruptcy plan that allowed the debtor, Charles Cardin, to retain most of his pre-petition assets while paying his principal unsecured creditor, Ice House...

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