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.