In re: First Southern National Bank, et al v. Sunnyslope Housing Limited Par
| In the Matter of: SUNNYSLOPE HOUSING LIMITED PARTNERSHIP |
| FIRST SOUTHERN NATIONAL BANK |
| SUNNYSLOPE HOUSING LIMITED PARTNERSHIP |
| 12-17241 |
| October 10, 2012 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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Filing
9029144529
Filed order and amended opinion (SIDNEY R. THOMAS, ALEX KOZINSKI, DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, RONALD M. GOULD, RICHARD C. TALLMAN, CARLOS T. BEA, JACQUELINE H. NGUYEN, ANDREW D. HURWITZ, JOHN B. OWENS and MICHELLE T. FRIEDLAND). (Opinion by Judge Hurwitz; Dissent by Judge Kozinski) The opinion filed May 26, 2017, is amended as follows: 1. At page 9 of the slip opinion, delete 11 U.S.C. 1325(a)(5)(B) and replace it with 11 U.S.C. 1129(b)(2)(A). 2. At page 11 of the slip opinion, delete Cornerstone at Camelback LLC invested $1.2 million in the complex. and in the next sentence, the word then. The amended opinion should state: After confirmation, First Southern obtained a stay of the plan of reorganization from the district court pending appeal. 3. At page 11 of the slip opinion, delete the sentence following First Southern again appealed. and replace it with The district court denied First Southern s request for a stay. Cornerstone at Camelback LLC invested $1.2 million in the complex, and the plan was funded. The district court affirmed the reorganization plan as modified. Amending Disposition Opinion AFFIRMED. [10485396] [12-17241, 12-17327, 13-16164, 13-16180]
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Filing
9028393022
Filed Order for PUBLICATION (SIDNEY R. THOMAS) Upon the vote of a majority of nonrecused active judges, it is ordered that these cases be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. [10132616] [12-17241, 12-17327, 13-16164, 13-16180]
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