Opinion · Supreme Court of the United States

Bryson Properties, XVIII v. Travelers Insurance Co.

Bryson Properties, XVIII v. Travelers Ins. Co., 506 U.S. 866 (1992)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1992-10-05
Topic
general

How later courts describe this case

  • holding that separate classification was “clearly for the purpose of manipulating voting and it may not stand”
  • recognizing that this prohibition, also known as the “absolute priority rule,” is codified in 11 U.S.C. § 1129(b)(2)(B)(ii)
  • noting that “where all unsecured claims receive the same treatment in terms of the Plan distribution, separate classification on the basis of natural and unnatural recourse claims is, at a minimum, highly suspect”
  • noting that in the debtor’s plan, which the court rejected as violating the absolute priority rule, “the equity-holders have given themselves not only the exclusive right to contribute, but the right to return of their new capital prior to Travelers’ recovery of its unsecured claim.”
  • applying Miles to personal injury cases under the Jones Act and noting “[a]lmost every court that has decided this question has held, as we do today, that Miles precludes recovery for loss of society”
  • “Where legal claims are sufficiently different as to justify a difference in treatment under a reorganization plan, reasonable differences in treatment are permissible.”
  • right to make § 1111(b) election requires separate classification of deficien cy when debtor is a single-asset partnership
  • “Jones Act limits a seaman’s recovery for injury to pecuniary losses and precludes recovery for nonpecuniary losses”

Citator

UpLaw has not yet analyzed Bryson Properties, XVIII v. Travelers Insurance Co.. The absence of a flag is not a finding that it is good law.

Cited by
124 opinions

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit.

Denied.