First Southern National Bank v. Sunnyslope Housing Lp

U.S. Court of Appeals for the Ninth Circuit

First Southern National Bank v. Sunnyslope Housing Lp

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

IN THE MATTER OF: SUNNYSLOPE No. 12-17241 HOUSING LIMITED PARTNERSHIP, Debtor, D.C. No. 2:11-cv-02579- HRH FIRST SOUTHERN NATIONAL BANK, Plaintiff-Appellant,

v.

SUNNYSLOPE HOUSING LIMITED PARTNERSHIP, Defendant-Appellee.

IN THE MATTER OF: SUNNYSLOPE No. 12-17327 HOUSING LIMITED PARTNERSHIP, Debtor, D.C. No. 2:11-cv-02579- HRH SUNNYSLOPE HOUSING LIMITED PARTNERSHIP, Plaintiff-Appellant,

v.

FIRST SOUTHERN NATIONAL BANK, Defendant-Appellee. 2 IN THE MATTER OF SUNNYSLOPE HOUSING

IN THE MATTER OF: SUNNYSLOPE No. 13-16164 HOUSING LIMITED PARTNERSHIP, Debtor, D.C. No. 2:12-cv-02700- HRH FIRST SOUTHERN NATIONAL BANK, Plaintiff-Appellant,

v.

SUNNYSLOPE HOUSING LP, Defendant-Appellee.

IN THE MATTER OF: SUNNYSLOPE No. 13-16180 HOUSING LIMITED PARTNERSHIP, Debtor, D.C. No. 2:12-cv-02700- HRH SUNNYSLOPE HOUSING LP, Plaintiff-Appellant, ORDER v.

FIRST SOUTHERN NATIONAL BANK, Defendant-Appellee.

Filed April 21, 2016

Before: Alex Kozinski, Richard A. Paez, and Richard R. Clifton, Circuit Judges. IN THE MATTER OF SUNNYSLOPE HOUSING 3

ORDER

The slip opinion filed on April 8, 2016, is hereby amended as follows:

1. On page 6 of the slip opinion, line 4, change <section 1325(a)(5)(B) of the Code> to <section 1129(b) of the Code>.

2. On page 11 of the slip opinion, lines 6–7, change <11 U.S.C. § 1325(a)(5)(B)> to <11 U.S.C. § 1129(b)>.

3. On page 25 of the slip opinion, lines 1–7, change <Under section 1325(a)(5) of the Code, a plan’s treatment of a secured claim can be confirmed if one of three conditions is satisfied: the creditor accepts the plan, the debtor surrenders the property, or the debtor invokes the cram down power. Rash, 520 U.S. at 957.> to <Under section 1129(b) of the Code, a plan can be confirmed even without the consent of all impaired classes of creditors if the debtor invokes the cram down power.>.

With these amendments, the petition for panel rehearing is DENIED as moot. Future petitions for panel rehearing and rehearing en banc may be filed from this Order.

Reference

Status
Published