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In the Matter of Texas Grand Prairie Hotel Realty, LLC

United States Court of Appeals for the Fifth Circuit

710 F.3d 324 (2013)

Relevant factsFree

Texas Grand Prairie Hotel Realty, LLC (debtor) borrowed $49,000,000, secured by four hotels, and the loan was later acquired by Wells Fargo (creditor). After Texas Grand filed for chapter 11 reorganization, Wells Fargo rejected the proposed plan, so Texas Grand sought confirmation through cramdown under 11 U.S.C. section 1129(b), proposing to repay Wells Fargo's secured claim over ten years at 5 percent interest - 1.75 percentage points above the prime rate. Wells Fargo argued the rate should instead be 8.8 percent, but the bankruptcy court confirmed the plan and the district court affirmed, so Wells Fargo appealed.

IssueFree

Whether the prime-plus formula determines the cramdown interest rate applicable to a secured claim in a chapter 11 reorganization proceeding.

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