132 F.2d 542 | 5th Cir. | 1942
Proceeding under Chapter IX of the Bankruptcy Act,
Section 83, sub. e(l) of the Bankruptcy Act required the district court to dismiss the proceedings unless it was satisfied that the proposal was fair, equitable, for the best interests of the creditors, and did not discriminate unfairly in favor of any creditor or class of creditors.
The proposed plan of composition provided for the retirement of the bonds held by property-owning bondholders on the same basis as those held by non-property-owning bondholders. If the plan were consummated, the bonded indebtedness of the City would be reduced in excess of $1,000,000, tax levies upon municipal property would be appreciably lessened, and property values in the City would be correspondingly enhanced. It is thus clear that the property-owning bondholders would receive benefits, above and apart from the surrender price proposed for their
In such bankruptcy proceedings it is the duty of the court to withhold confirmation unless it is satisfied that the plan embodies a fair and equitable bargain openly arrived at and devoid of overreaching.
The judgment is affirmed.
11 U.S.C.A. § 401 et seq.
In re Town of Belleair, 5 Cir., 127 F.2d 279.
11 U.S.C.A. § 403, sub. e (1).
American United Mutual Life Ins. Co. v. Avon Park, 311 U.S. 138, 61 S.Ct. 157, 85 L.Ed. 91; Kaufman County Levee Imp. Dist. v. Mitchell, 5 Cir., 116 F.2d 959.
American United Mutual Life Ins. Co. v. Avon Park, 311 U.S. 138, 61 S.Ct 157, 85 L.Ed. 91.