Bankruptcy court errs in valuing creditor's interest in light of debtor's proposed use of the property as affordable housing, resulting in greatly diminished value.
Cite as
2016 DJDAR 9765Published
Sep. 22, 2016Filing Date
Sep. 21, 2016In re: 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
District of Arizona, Phoenix
In re: 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
District of Arizona,
Phoenix
In re: 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
District of Arizona,
Phoenix
In re: 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
District of Arizona,
Phoenix
THOMAS, Chief Judge:
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.
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