In Re L & J Anaheim Assocs., Debtor. L & J Anaheim Assocs. v. Kawasaki Leasing Int'l, Inc., 995 F.2d 940 (9th Cir. 1993). · Go Syfert
In Re L & J Anaheim Assocs., Debtor. L & J Anaheim Assocs. v. Kawasaki Leasing Int'l, Inc., 995 F.2d 940 (9th Cir. 1993). Cases Citing This Book View Copy Cite
100 citation events (48 in the last 25 years) across 30 distinct courts.
Strongest positive: In re: The Hertz Corporation v. (ca3, 2024-11-06)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 48 distinct citers. How cited ↗
discussed Cited as authority (rule) In re: The Hertz Corporation v.
3rd Cir. · 2024 · confidence medium
“Congress define[d] impairment in the broadest possible terms,” L & J Anaheim Assocs. v. Kawasaki Leasing Int’l, Inc. (In re L & J Anaheim Assocs.), 995 F.2d 940, 942 (9th Cir. 1993) (quoting In re Madison Hotel Assocs., 749 F.2d 410, 418 (7th Cir. 1984)), to ensure that creditors affected by a bankruptcy plan can vote on it.
discussed Cited as authority (rule) In re: The Hertz Corporation v.
3rd Cir. · 2024 · confidence medium
“Congress define[d] impairment in the broadest possible terms,” L & J Anaheim Assocs. v. Kawasaki Leasing Int’l, Inc. (In re L & J Anaheim Assocs.), 995 F.2d 940, 942 (9th Cir. 1993) (quoting In re Madison Hotel Assocs., 749 F.2d 410, 418 (7th Cir. 1984)), to ensure that creditors affected by a bankruptcy plan can vote on it.
discussed Cited as authority (rule) In re: The Hertz Corporation v.
3rd Cir. · 2024 · confidence medium
“Congress define[d] impairment in the broadest possible terms,” L & J Anaheim Assocs. v. Kawasaki Leasing Int’l, Inc. (In re L & J Anaheim Assocs.), 995 F.2d 940, 942 (9th Cir. 1993) (quoting In re Madison Hotel Assocs., 749 F.2d 410, 418 (7th Cir. 1984)), to ensure that creditors affected by a bankruptcy plan can vote on it.
discussed Cited as authority (rule) In re: The Hertz Corporation v.
3rd Cir. · 2024 · confidence medium
“Congress define[d] impairment in the broadest possible terms,” L & J Anaheim Assocs. v. Kawasaki Leasing Int’l, Inc. (In re L & J Anaheim Assocs.), 995 F.2d 940, 942 (9th Cir. 1993) (quoting In re Madison Hotel Assocs., 749 F.2d 410, 418 (7th Cir. 1984)), to ensure that creditors affected by a bankruptcy plan can vote on it.
discussed Cited as authority (rule) In Re LATAM Airlines Group S.A.
2d Cir. · 2022 · confidence medium
(U.S.), Inc., 324 F.3d 197 , 202 (3d Cir. 2003) (“If the debtor's Chapter 11 reorganization plan does not leave the creditor’s rights entirely ‘unaltered,’ the creditor's claim will be labeled as impaired under § 1124(1) of the Bankruptcy Code.”); In re L&J Anaheim Assocs., 995 F.2d 940, 942 (9th Cir. 1993) (adopting Taddeo’s formulation). 15 1 outside of bankruptcy is not the relevant barometer for impairment; 2 [courts] must examine whether the plan itself is a source of limitation on 3 a creditor’s legal, equitable, or contractual rights.” PPI Enters., 324 F.3d 4 at 204 .
examined Cited as authority (rule) Pg&e Corporation v. Ad Hoc Committee of Holders (4×) also: Cited "see, e.g."
9th Cir. · 2022 · confidence medium
In re L&J Anaheim Assocs., 995 F.2d 940, 942 (9th Cir. 1993) (cleaned up).
discussed Cited as authority (rule) Donald J. Schroeder and Deirdre C. Schroeder
Bankr. M.D. Fla. · 2021 · confidence medium
Pa. 1996) (concluding that “artificial impairment, while perhaps philosophically not the better view, is nevertheless clearly permitted under the plain meaning of the statute”); L & J Anaheim Assocs., 995 F.2d 940, 943 (9th Cir. 1993) (holding that § 1124 does not differentiate between artificial and actual impairment of claims).
discussed Cited as authority (rule) In re Rexford Properties LLC
Bankr. C.D. Cal. · 2016 · confidence medium
Under this broad definition, '“ ‘any alteration of the rights constitutes impairment even if the value of the rights is enhanced.’ ” In re L & J Anaheim Assocs., 995 F.2d 940, 942 (9th Cir.1993) (quoting In re Acequia, 787 F.2d 1352, 1363 (9th Cir.1986)).
discussed Cited as authority (rule) Branch Banking & Trust Co. v. R & S St. Rose, LLC
9th Cir. · 2015 · confidence medium
This circuit has broadly defined “impairment” to include “any alteration of [a creditor’s] rights ... even if the value of the rights is enhanced.” L & J Anaheim, As-socs. v. Kawasaki Leasing Int'l, Inc. (In re L & J Anaheim Assocs.), 995 F.2d 940, 942 (9th Cir.1993) (quoting In re Acequia, 787 F.2d 1352, 1363 (9th Cir.1986)).
cited Cited as authority (rule) Village Green I, GP v. Federal National Mortgage Ass'n
W.D. Tenn. · 2014 · confidence medium
Id. (citing L & J Anaheim Assoc. v. Kawasaki Leasing Int’l, Inc. (In re L & J Anaheim Assocs.), 995 F.2d 940, 942 (9th Cir.1993)). .
cited Cited as authority (rule) In re Brandywine Townhouses, Inc.
Bankr. N.D. Ga. · 2014 · confidence medium
P’ship, 115 F.3d 650 , 653 (9th Cir.1997) (citing In re L & J Anaheim Assoc., 995 F.2d 940, 942 (9th Cir.1993); In re Bravo Enter.
discussed Cited as authority (rule) In re 431 W. Ponce De Leon, LLC
Bankr. N.D. Ga. · 2014 · confidence medium
Partnership, 115 F.3d 650 , 653 (9th Cir.1997) (citing In re L & J Anaheim Assoc., 995 F.2d 940, 942 (9th Cir.1993); In re Bravo Enterprises USA, LLC, 331 B.R. 459, 466 (Bankr.M.D.Fla.2005); Beal Bank, S.S.B. v. Waters Edge Ltd.
examined Cited as authority (rule) Federal National Mortgage Ass'n v. Village Green I, GP (3×) also: Cited "see"
W.D. Tenn. · 2012 · confidence medium
In re Madison Hotel Assocs., 749 F.2d 410, 418 (7th Cir.1984) (quoting Di Pierro v. Taddeo (In re Taddeo), 685 F.2d 24, 28 (2d Cir.1982)); L & J Anaheim Assoc. v. Kawasaki Leasing Int’l, Inc. (In re L & J Anaheim Assocs.), 995 F.2d 940, 942 (9th Cir.1993); see also 7 Collier on Bankruptcy ¶ 1124.03, at 1124-27 (Alan N. Resnick & Henry J.
cited Cited as authority (rule) In re Bataa/Kierland LLC
Bankr. D. Ariz. · 2012 · confidence medium
L & J Anaheim Assocs. v. Kawasaki Leasing Int'l, Inc. (In re L & J Anaheim Assocs.), 995 F.2d 940, 942 (9th Cir.1993). .
cited Cited as authority (rule) In re Jefferson County
Bankr. N.D. Ala. · 2012 · confidence medium
See 11 U.S.C. § 1124 ; L & J Anaheim Assocs. v. Kawasaki Leasing Int'l, Inc. (In re L & J Anaheim Assocs.), 995 F.2d 940, 942-43 (9th Cir.1993).
cited Cited as authority (rule) In Re Jefferson County, Ala.
Bankr. N.D. Ala. · 2012 · confidence medium
See 11 U.S.C. § 1124 ; L & J Anaheim Assocs. v. Kawasaki Leasing Int’l, Inc. (In re L & J Anaheim Assocs.), 995 F.2d 940, 942-43 (9th Cir.1993).
discussed Cited as authority (rule) In Re GSC, Inc. (2×) also: Cited "see"
Bankr. S.D.N.Y. · 2011 · confidence medium
For example, a plan that forces a secured creditor to sell its collateral at a public auction prevents the creditor from choosing to exercise its bargained-for “prepetition contract rights, leaving it impaired within the meaning of the code.” L & J Anaheim Assoc. v. Kawasaki Leasing International, Inc., 995 F.2d, 940, 943 (9th Cir.1993) (finding a secured creditor to be impaired where the plan provided for an auction of the debtor’s assets regardless of whether the creditors position was enhanced or diminished from that auction since impairment constitutes any change to the creditor’s …
discussed Cited as authority (rule) Scattered Corporatio v. William Nea
7th Cir. · 2010 · confidence medium
A court can’t confirm a plan of reorganization, however, unless the owners of at least one class of “im- paired claims” (a term broadly defined to encompass claims altered by the plan, 11 U.S.C. § 1124 ; In re Wabash Valley Power Ass’n, Inc., 72 F.3d 1305, 1321 (7th Cir. 1995); Nos. 09-3079, 09-3177 11 In re L & J Anaheim Associates, 995 F.2d 940, 942-43 (9th Cir. 1993); W.
discussed Cited as authority (rule) In Re South Beach Securities, Inc.
7th Cir. · 2010 · confidence medium
A court can’t confirm a plan of reorganization, however, unless the owners of at least one class of “impaired claims” (a term broadly defined to encompass claims altered by the plan, 11 U.S.C. § 1124 ; In re Wabash Valley Power Ass’n, Inc., 72 F.3d 1305, 1321 (7th Cir.1995); In re L & J Anaheim Associates, 995 F.2d 940, 942-43 (9th Cir.1993); W.
cited Cited as authority (rule) Solow v. PPI Enterprises (U.S.), Inc.
3rd Cir. · 2003 · confidence medium
In re L & J Anaheim Assoc., 995 F.2d 940, 942-43 (9th Cir.1993).
cited Cited as authority (rule) In Re Ppi Enterprises
3rd Cir. · 2003 · confidence medium
In re L & J Anaheim Assoc., 995 F.2d 940, 942-43 (9th Cir.1993).
cited Cited as authority (rule) Solow v. PPI Enterprises (U.S.), Inc. (In Re PPI Enterprises (U.S.), Inc.)
3rd Cir. · 2003 · confidence medium
In re L & J Anaheim Assoc., 995 F.2d 940, 942-43 (9th Cir.1993).
cited Cited as authority (rule) In Re Atlantic Terrace Apartment Corp.
Bankr. E.D.N.Y. · 1998 · confidence medium
The 9th Circuit’s discussion of “impaired” in L & J Anaheim Assoc. v. Kawasaki Leasing International, Inc. (In re L & J Anaheim Associates), 995 F.2d 940, 943 (9th Cir.1993) is convincing.
cited Cited as authority (rule) In Re Ambanc La Mesa Limited Partnership
9th Cir. · 1997 · confidence medium
In re L & J Anaheim Assoc., 995 F.2d 940, 942 (9th Cir.1993). 11 U.S.C. § 1129 (a) sets forth thirteen requirements to be met before the bankruptcy court may confirm a Plan.
cited Cited as authority (rule) Liberty National Enterprises v. Ambanc La Mesa Ltd. Partnership (In re Ambanc La Mesa Ltd. Partnership)
9th Cir. · 1997 · confidence medium
In re L & J Anaheim Assoc., 995 F.2d 940, 942 (9th Cir.1993). 11 U.S.C. § 1129 (a) sets forth thirteen requirements to be met before the bankruptcy court may confirm a Plan.
discussed Cited as authority (rule) In Re: Robert H. Schwarzmann Leona M. Schwarzmann, Debtors. Robert H. Schwarzmann Leona M. Schwarzmann v. First Union National Bank of Virginia (2×) also: Cited "see, e.g."
1st Cir. · 1996 · confidence medium
L & J Anaheim Assoc. v. Kawasaki Leasing Int'l, Inc., 995 F.2d 940, 942 (9th Cir.1993). 15 Despite the broad language of § 1124, some courts do not allow debtors to "artificially impair" classes in order to circumvent the requirements of § 1129(a)(10).
discussed Cited as authority (rule) Schwarzmann v. First Union Ntl Bank (2×) also: Cited "see, e.g."
4th Cir. · 1996 · confidence medium
L & J _________________________________________________________________ 4 Although § 1123(a)(5) is not part of § 1129, § 1129(a)(1) requires plans to comply with all applicable provisions of the title. 6 Anaheim Assoc. v. Kawasaki Leasing Int'l, Inc., 995 F.2d 940, 942 (9th Cir. 1993).
cited Cited as authority (rule) In Re Mohammad Samih Barakat, Debtor. Mohammad Samih Barakat v. The Life Insurance Company of Virginia
9th Cir. · 1996 · confidence medium
L & J Anaheim Assocs. v. Kawasaki Leasing Int’l Inc. (In re Anaheim Assocs.), 995 F.2d 940, 942-43 (9th Cir.1993).
discussed Cited as authority (rule) Continental Securities Corp. v. Shenandoah Nursing Home Partnership (2×) also: Cited "see, e.g."
W.D. Va. · 1996 · confidence medium
In re Johnson, 960 F.2d 396, 399 (4th Cir.1992); In re L & J Anaheim Assoc., 995 F.2d 940, 942 (9th Cir.1993). 2.
cited Cited as authority (rule) In Re Rhead
Bankr. D. Ariz. · 1995 · confidence medium
See Section 1129(a)(3); In re L & J Anaheim Assoc., 995 F.2d at 943, n. 2 .
cited Cited as authority (rule) C.F. Brookside, Ltd. v. Skyview Memorial Lawn Cemetery (In Re Affordable Housing Development Corp.)
9th Cir. BAP · 1994 · confidence medium
L & J Anaheim Associates v. Kawasaki Leasing International, Inc. (In re L & J Anaheim Associates), 995 F.2d 940, 943 (9th Cir.1993).
cited Cited as authority (rule) Mutual Life Insurance Co. of New York v. Patrician St. Joseph Partners Ltd. Partnership (In Re Patrician St. Joseph Partners Ltd. Partnership)
D. Ariz. · 1994 · confidence medium
“Whether a [P]lan impairs a creditor’s interest is a question of law subject to de novo review.” In re L & J Anaheim Associates, 995 F.2d 940, 942 (9th Cir.1993).
discussed Cited as authority (rule) Oxford Life Insurance v. Tucson Self-Storage, Inc. (In Re Tucson Self-Storage, Inc.) (2×)
9th Cir. BAP · 1994 · confidence medium
Under this broad definition, "any alteration of the rights constitutes impairment even if the value of the rights is enhanced." In re L & J Anaheim Associates, 995 F.2d 940, 942 (9th Cir. 1993) (quoting In re Acequia, Inc., 787 F.2d 1352, 1363 (9th Cir.1986)).
cited Cited as authority (rule) Connecticut General Life Insurance v. Hotel Associates of Tucson (In Re Hotel Associates of Tucson)
9th Cir. BAP · 1994 · confidence medium
In re L & J Anaheim Associates, 995 F.2d 940, 942 (9th Cir.1993); In re Acequia, Inc., 787 F.2d 1352, 1357 (9th Cir.1986).
discussed Cited "see" Official Committee of Unsecured Creditors v. PG&E Corporation
N.D. Cal. · 2021 · signal: see · confidence high
See Ad Hoc Comm., 614 9 B.R. at 356 (“[B]ecause the Ninth Circuit has directly decided the issue in Cardelucci, the cited 10 out-of-circuit authority does not give rise to a substantial ground for difference of opinion 11 justifying an interlocutory appeal.”). 12 Nor is the Court persuaded by Appellant’s argument that its narrow interpretation of 13 Cardelucci is necessary to harmonize Cardelucci with the Ninth Circuit’s decisions in L&J 14 Anaheim Assocs. v. Kawasaki Leasing Int’l, Inc., 995 F.2d 940 (9th Cir. 1993); Platinum Capital, 15 Inc. v. Sylmar Plaza, L.P.
cited Cited "see" Pamela Liggett v. Robert Schwartz
6th Cir. · 2015 · signal: see · confidence high
See L & J Anaheim Assocs. v. Kawasaki Leasing Int’l, Inc. (In re L & J Anaheim Assocs.), 995 F.2d 940, 942 (9th Cir.1993).
discussed Cited "see" In Re Village at Camp Bowie I, L.P.
Bankr. N.D. Tex. · 2011 · signal: see · confidence high
See In re L & J Anaheim Assocs., 995 F.2d 940, 942-43 (9th Cir.1993); In re Madison Hotel Assocs., 749 F.2d 410, 418 (7th Cir.1984); Di Pierro v. Taddeo (In re Taddeo), 685 F.2d 24, 28 (2d Cir.1982); In re Am.
cited Cited "see" Giesbrecht v. Fitzgerald (In Re Giesbrecht)
9th Cir. BAP · 2010 · signal: see · confidence high
See, L & J *686 Anaheim Assocs. v. Kawasaki Leasing Int'l, Inc., (In re L & J Anaheim Assocs.), 995 F.2d 940, 942 (9th Cir.1993). 3 .
cited Cited "see" In Re Duval Manor Associates
Bankr. E.D. Pa. · 1996 · signal: accord · confidence high
Accord, In re L & J Anaheim Assocs., 995 F.2d 940, 942-43 (9th Cir.1993); In re Temple Zion, 125 B.R. 910 (Bankr.E.D.Pa.1991).
cited Cited "see" In Re Beare Co.
Bankr. W.D. Tenn. · 1994 · signal: see · confidence high
See L & J Anaheim Associates, 995 F.2d at 943 .
discussed Cited "see, e.g." In Re All Land Investments, LLC
Bankr. D. Del. · 2012 · signal: see also · confidence medium
See Combustion Eng’g, 391 F.3d at 243 n. 60 citing In re Greate Bay Hotel & Casino, Inc., 251 B.R. 213, 240 (Bankr.D.N.J.2000) (deciding that "under the statutory scheme for the classification and treatment of claims, a plan proponent may impair a class of claims.”), In re Duval Manor Assocs., 191 B.R. 622, 628 (Bankr.E.D.Pa.1996) (concluding that "artificial impairment, while perhaps philosophically not the better view, is nevertheless clearly permitted under the plain meaning of the statute”); see also L & I Anaheim Assocs., 995 F.2d 940, 943 (9th Cir. 1993) (holding that § 1124 does …
discussed Cited "see, e.g." In Re Quigley Co., Inc.
Bankr. S.D.N.Y. · 2010 · signal: compare · confidence medium
Compare In re L & J Anaheim Assocs., 995 F.2d 940, 943 (9th Cir.1993) (holding that the court should examine artificial impairment under § 1129(a)(3), and affirming that plan was proposed in good faith), In re Hotel Assocs. of Tucson, 165 B.R. 470, 475 (9th Cir. BAP 1994) (concluding that § 1129(a)(10) does not require a court to "ask whether alternative payment structures could produce a different scenario in regard to impairment of classes”), and In re 203 North LaSalle Street Ltd.
discussed Cited "see, e.g." In Re Congoleum Corp.
Bankr. D.N.J. · 2007 · signal: compare · confidence medium
In re Combustion Engineering, 391 F.3d 190, 243 (3d Cir.2004); Compare, L & I Anaheim Assocs., 995 F.2d 940, 943 (9th Cir.1993)(holding that for confirmation purposes there is no distinction between artificial and actual impairment of claims) with In re Lettick Typografic, Inc., 103 B.R. 32, 39 (Bankr.D.Conn. 1989)("While the debtor may have achieved literal compliance with § 1129(a)(10), this engineered impairment so distorts the meaning and purpose of that subsection that to permit it would reduce (a)(10) to a nullity.”). 5 .
discussed Cited "see, e.g." In Re: Combustion Engineering, Inc. First State Insurance Company Hartford Accident and Indemnity Company
1st Cir. · 2004 · signal: see also · confidence medium
If an impaired class accepts the plan, the requirement of section 1129(a)(10) is satis-fled.”); In re Duval Manor Assocs., 191 B.R. 622, 628 (Bankr.E.D.Pa.1996) (concluding that "artificial impairment, while perhaps philosophically not the better view, is nevertheless clearly permitted under the plain meaning of the statute”); see also L & J Anaheim Assocs., 995 F.2d 940, 943 (9th Cir.1993) (holding that § 1124 does not differentiate between artificial and actual impairment of claims). 61 .
discussed Cited "see, e.g." In Re Global Ocean Carriers Ltd. (2×)
Bankr. D. Del. · 2000 · signal: see, e.g. · confidence low
See, e.g., In re L & J Anaheim Assoc., 995 F.2d 940 (9th Cir.1993); Rhead, 179 B.R. at 177 (“any change of a creditor’s rights, whether for the better or for the worse, constitutes impairment and creates the possibility of a ‘consenting impaired class’.”).
discussed Cited "see, e.g." Casa Blanca Project Lenders, L.P. v. City Commerce Bank (In Re Casa Blanca Project Lenders, L.P.) (2×)
9th Cir. BAP · 1996 · signal: see, e.g. · confidence medium
See, e.g., In re L & J Anaheim Associates, 995 F.2d 940, 942-943 (9th Cir.1993) (secured creditor’s rights under state law can be altered under a plan where an impaired class votes in favor of the plan). 11 But for all practical purposes, the debtor has basically fulfilled the requirements of a liquidating plan.
discussed Cited "see, e.g." PNC Bank, National Ass'n v. Park Forest Development Corp. (In Re Park Forest Development Corp.)
Bankr. N.D. Ga. · 1996 · signal: compare · confidence low
Compare Windsor on the River Assocs., Ltd. v. Balcor Real Estate Fin., Inc. (In re Windsor on the River Assocs., Ltd.), 7 F.3d 127 (8th Cir.1993) with L & J Anaheim Assocs. v. Kawasaki Leasing Int’l, Inc. (In re L & J Anaheim Assocs.), 995 F.2d 940 (9th Cir.1993).
discussed Cited "see, e.g." In Re Dunes Hotel Associates
Bankr. D.S.C. · 1995 · signal: compare · confidence low
Compare L & J Anaheim Assocs., 995 F.2d 940 (9th Cir.1993) and other cases within the Ninth Circuit following L & J Anaheim, e.g., In re Hotel Assocs. of Tucson, 165 B.R. 470 (9th Cir. BAP 1994) and In re 7th Street & Beardsley Partnership, 181 B.R. 426 (Bankr.D.Ariz.1994).
Retrieving the full opinion text from the archive…
In Re L & J ANAHEIM ASSOCIATES, Debtor. L & J ANAHEIM ASSOCIATES, Plaintiff-Appellant,
v.
KAWASAKI LEASING INTERNATIONAL, INC., Defendant-Appellee
Richard M. Moneymaker, Moneymaker & Kelley, Los Angeles, CA, for plaintiff-appellant., Dane L. Miller, Marks & Murase, Los Angeles, CA, for defendant-appellee.
Wallace, O'Scannlain, Fernandez.
Cited by 62 opinions  |  Published
O’SCANNLAIN, Circuit Judge:

We consider whether a creditor whose legal rights would be changed under a Chapter 11 plan is “impaired” under the plan as that term is defined by the Bankruptcy Code.

I

L & J Anaheim Associates (“L & J”), a limited partnership, owned a single piece of real property, a hotel. Kawasaki Leasing International, Inc. (“Kawasaki”) held a security interest in the hotel as collateral to secure a $13.2 million non-recourse note. Due to alleged mismanagement by the company hired to operate the hotel (“Trust-house”), L & J’s income declined to the point where it defaulted on its note to Kawasaki. Kawasaki moved to foreclose, and L & J filed for bankruptcy protection under Chapter 11.

When L & J failed to propose a plan of reorganization during the 120-day exclusivity period provided by section 1121(b), [1] Kawasaki filed the plan that is the subject of this litigation (“the Plan”). The Plan proposed to auction off L & J’s assets — namely, the hotel itself and a lawsuit brought against Trust-house for its alleged mismanagement — and to use the proceeds to pay off all outstanding liens in order of their priority. The Plan also contemplated that Kawasaki would be appointed- as Estate Representative, with all the powers of a bankruptcy trustee, in order to bring lawsuits against L & J’s general partners, and so to pay any remaining claims against the partnership.

A hearing was held to determine whether the Plan should be confirmed. The bankruptcy court disallowed certain claims, and disqualified certain creditors that had voted for the Plan. Of those creditors that remained eligible to vote, only Kawasaki voted in favor of the Plan. The bankruptcy court, however, ordered the Plan confirmed pursuant to the Code’s “cramdown” provisions. See 11 U.S.C. § 1129(b). L & J appealed to the district court, which affirmed the order of confirmation. This appeal follows.

[*942] II

The question before us is whether the bankruptcy court erred in permitting Kawasaki to “cram down” the dissenting creditors and in confirming the Plan. Under section 1129(a)(8) of the Code, a Chapter 11 plan of reorganization generally may not be confirmed if any impaired class of creditors votes to reject the plan. 11 U.S.C. § 1129(a)(8). There is, however, an exception to this general rule:

[Ilf all of the applicable requirements of subsection (a) of this section other than paragraph (8) are met with respect to a plan, the court, on request of the proponent of the plan, shall confirm the plan notwithstanding the requirements of such paragraph if the plan does not discriminate unfairly, and is fair and equitable, with respect to each class of claims or interests that is impaired under, and has not accepted, the plan.

11 U.S.C. § 1129(b)(1). This provision permits a plan to be “crammed down” over the objection of dissenting creditor classes, subject to the bankruptcy court’s determination that the plan treats those classes fairly.

As noted, however, cramdown is only possible where the requirements of section 1129(a) have been met. Among these is the requirement that, “[i]f a class of claims is impaired under the plan, at least one class of claims that is impaired under the plan has accepted the plan — ” 11 U.S.C. § 1129(a)(10). The Plan proposed by Kawasaki did leave certain creditor classes impaired. Thus, a favorable vote by at least one impaired class was necessary before the bankruptcy court could allow Kawasaki to cram down the Plan over the dissenting creditors.

The bankruptcy court ruled that Kawasaki itself was an impaired creditor under the Plan it had proposed. Since Kawasaki’s claim was placed alone in Class One under the Plan, Kawasaki’s “yes” vote on the Plan meant that one class of creditors stood in favor of the Plan, satisfying the requirement of section 1129(a)(10). On finding that all the other requirements of subsection (a) had been met, and that the Plan did not discriminate unfairly, the bankruptcy court was required to confirm the Plan under section 1129.

Ill

On appeal, L & J contends that Kawasaki’s legal rights were improved under the Plan it proposed, and that it therefore was not an impaired creditor within the meaning of section 1124 of the Bankruptcy Code. As a consequence, L & J maintains, no impaired class voted in favor of the Plan, and cramdown under section 1129(b) should have been unavailable. Whether a claim is impaired under section 1124 is a question of law, subject to de novo review. In re Aceq-uia, Inc., 787 F.2d 1352, 1357-58 (9th Cir. 1986).

In relevant part, section 1124 provides that “a class of claims or interests is impaired under a plan unless, with respect to each claim or interest of such class, the plan ... leaves unaltered the legal, equitable, and contractual rights to which such claim or interest entitles the holder of such claim or interest.” 11 U.S.C. § 1124(1). It is well established that, with this language, “Congress define[d] impairment in the broadest possible terms.” In re Madison Hotel Associates, 749 F.2d 410, 418 (7th Cir.1984) (quoting In re Taddeo, 685 F.2d 24, 28 (2d Cir. 1982)). Indeed, we ourselves have suggested that under this broad definition, “any alteration of the rights constitutes impairment even if the value of the rights is enhanced.” In re Acequia, 787 F.2d at 1363 (dictum) (quoting 5 Collier on Bankruptcy ¶ 1124.03, at 1124-13 (15th ed. 1985)). See In re Barrington Oaks General Partnership, 15 B.R. 952, 962 (Bankr.D.Utah 1981) (Mabey, J.) (quoting same section of Collier); see also In re Club Associates, 107 B.R. 385, 401 (Bankr. N.D.Ga.1989) (“Any alteration in a creditor’s legal rights or privileges constitutes impairment.”); In re Elijah, 41 B.R. 348, 350 (Bankr.W.D.Mo.1984) (“Alteration is synonymous with impairment.”).

At first blush the idea that an improvement in one’s position as a creditor might constitute “impairment” seems nonsensical. It must be recognized, however, that “impairment” is a term of art adopted[*943] by Congress to replace the old “material and adverse effect” standard of the Bankruptcy Act. See former 11 U.S.C. § 507 (repealed 1979). Under the old standard, a creditor was entitled to vote on a proposed plan only if it was negatively affected by the plan. This inevitably fostered uncertainty, and invited litigation over whether the value of a creditor’s interest would be diminished by a plan. Section 1124 of the Code was enacted to do away with these problems. “By driving a wedge between the concept of impairment and the vagaries of value, parties may know with greater certainty, whether or not they are impaired. This certainty should reduce litigation and aid negotiation toward a plan, the goals which Section 1124 was established to further.” Barrington Oaks, 15 B.R. at 963.

In any event, the plain language of section 1124 says that a creditor’s claim is “impaired” unless its rights are left “unaltered” by the Plan. There is no suggestion here that only alterations of a particular kind or degree can constitute impairment. The narrow question that thus arises is whether Kawasaki’s “legal, equitable, [or] contractual rights” were changed by the Plan; if so, its claim was impaired. [2]

IV

Kawasaki argues that its rights were altered under the Plan in a number of different ways. We agree with one of these arguments, and therefore need not address the others.

Under the loan agreements executed by the parties, Kawasaki was privileged to exercise “all rights and remedies” available to a secured party under the California Uniform Commercial Code once L & J defaulted on its repayment obligations. This was a contractual right for which Kawasaki bargained in exchange for extending financing to L & J. The Plan did away with this right — it left Kawasaki no opportunity to invoke the substantive remedies or procedural mechanisms available to it at state law. Instead, the Plan required that Kawasaki’s collateral (the hotel and the lawsuit) be sold at public auction under procedures mandated by federal bankruptcy law. The Plan thus altered Kawasaki’s prepetition contract rights, leaving it impaired within the meaning of the Code. See In re Distrigas Corp., 66 B.R. 382, 384 (Bankr.D.Mass.1986) (claim deemed impaired under plan providing for rejection of contract and resolution of damages under provisions of Bankruptcy Code because it deprived creditor of contractually guaranteed right to arbitrate all contract disputes). As our analysis above makes clear, we have no occasion to ask whether Kawasaki’s rights were effectively enhanced or diminished under the Plan; our inquiry ends with the conclusion that those rights were changed.

V

Since Kawasaki’s rights were altered under the Plan, the requirement of section 1129(a)(10) that at least one impaired creditor class vote in favor of the Plan was met. The bankruptcy court thus committed no error in confirming the Plan via cramdown under section 1129(b). The judgment of the district court affirming the order of confirmation is therefore

AFFIRMED.

1

. All citations are to the Bankruptcy Code, Title 11, United States Code, unless otherwise noted.

2

. L & J, citing no authority, contends that the general rule should not apply where it is used abusively, as where the plan proponent enhances its own position, then attempts to use this fact to show impairment and so cram down the rest of the creditors. We believe, however, that abuses on the part of a plan proponent ought not affect the application of Congress's definition of impairment. The bankruptcy court can and should address such abuses by denying confirmation on the grounds that the plan has not been "proposed in good faith.” 11 U.S.C. § 1129(a)(3).

L & J does in fact argue that Kawasaki acted in bad faith, gerrymandering the Plan "solely to create an impaired class to vote in favor of the Plan and thus 'cram down’ the other impaired classes.” See In re Club Associates, 107 B.R. 385, 401 (Bankr.N.D.Ga.1989) (“An alteration which is. clearly intended only to create an impaired class to vote in favor of a' plan so that a debtor can effectuate a cramdown ... will not be allowed.”). The bankruptcy court, however, found that Kawasaki’s proposal satisfied the good faith requirement, a finding that is not clearly erroneous.