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12-17327 - In re: First Southern National Bank, et al v. Sunnyslope Housing Limited Par


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12-17327 - In re: First Southern National Bank, et al v. Sunnyslope Housing Limited Par
April 8, 2016
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FILED OPINION (ALEX KOZINSKI, RICHARD A. PAEZ and RICHARD R. CLIFTON) REVERSED AND REMANDED. Judge: RAP Dissenting, Judge: RRC Authoring. FILED AND ENTERED JUDGMENT. [9932426] [12-17241, 12-17327, 13-16164, 13-16180]
April 21, 2016
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Filed order (ALEX KOZINSKI, RICHARD A. PAEZ and RICHARD R. CLIFTON) Amending Disposition Opinion REVERSED AND REMANDED;The slip opinion filed on April 8, 2016, is hereby amended as follows: 1. On page 6 of the slip opinion, line 4, change
to
. 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 to . 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. [9947827] [12-17241, 12-17327, 13-16164, 13-16180]
September 22, 2016
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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]
May 26, 2017
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FILED 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) AFFIRMED. Judge: AK Dissenting, Judge: ADH Authoring, FILED AND ENTERED JUDGMENT. [10449594] [12-17241, 12-17327, 13-16164, 13-16180]
June 23, 2017
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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]