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

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 9765

Published

Sep. 22, 2016

Filing Date

Sep. 21, 2016


12-17241.pdf

In 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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