In re Sunnyslope Housing L.P. (First Southern National Bank v. Sunnyslope Housing L.P.)

IN THE MATTER OF:

SUNNYSLOPE HOUSING LIMITED PARTNERSHIP,

Debtor,

FIRST SOUTHERN NATIONAL BANK,

Plaintiff-Appellant,

v.

SUNNYSLOPE HOUSING LIMITED

PARTNERSHIP,

Defendant-Appellee.

No. 12-17241

D.C. No.2:11-cv-02579-HRH

IN THE MATTER OF:

SUNNYSLOPE HOUSING LIMITED PARTNERSHIP,

Debtor,

SUNNYSLOPE HOUSING LIMITED PARTNERSHIP,

Plaintiff-Appellant,

v.

FIRST SOUTHERN NATIONAL BANK,

Defendant-Appellee.

No. 12-17327

D.C. No.2:11-cv-02579-HRH

IN THE MATTER OF:

SUNNYSLOPE HOUSING LIMITED PARTNERSHIP,

Debtor,

FIRST SOUTHERN NATIONAL BANK,

Plaintiff-Appellant,

v.

SUNNYSLOPE HOUSING LP,

Defendant-Appellee.

No. 13-16164

D.C. No. 2:12-cv-02700-HRH

IN THE MATTER OF:

SUNNYSLOPE HOUSING LIMITED PARTNERSHIP,

Debtor,

SUNNYSLOPE HOUSING LP,

Plaintiff-Appellant,

v.

FIRST SOUTHERN NATIONAL BANK,

Defendant-Appellee.

No. 13-16180

D.C. No. 2:12-cv-02700-HRH

United States Court of Appeals

Ninth Circuit

Filed April 21, 2016

Before: Alex Kozinski,

Richard A. Paez, and

Richard R. Clifton,

Circuit Judges.

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 <section1325(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.