Caviata Attached Homes, LLC v. U.S. Bank, National Ass'n (In Re Caviata Attached Homes, LLC)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
KIRSCHER, Bankruptcy Judge.
Appellant, chapter 11 1 debtor Caviata Attached Homes, LLC (“Caviata”), appeals an order from the bankruptcy court dismissing its second chapter 11 case due to Caviata’s inability to show that an extraordinary change in circumstances substantially impaired its performance under its confirmed plan to warrant the second chapter 11 filing. In addressing this issue of first impression within the Ninth Circuit, we AFFIRM.
I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY
A. Prepetition facts.
Caviata, a Nevada limited liability company, was formed in July 2005 for the purpose of…
2Cases cited24 opinions
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Till v. SCS Credit Corp.Supreme Court of the United States · 2004
- In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
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