Legal Opinion

Palm Springs Owners Ass'n v. Sweetwater (In Re Sweetwater)

District Court, D. Utah

Decided February 28, 1985No. C-84-546JPublishedCited by 21 opinions

1Opinion of the Court

MEMORANDUM OPINION

JENKINS, Chief Judge.

This appeal is from the June 8, 1984, Bankruptcy Court order confirming Sweet-water’s Chapter 11 Plan of Reorganization, 40 B.R. 733. It raises two related issues: (1) Whether a homeowners’ association that has no direct claim against the debtors’ estate has standing on appeal to challenge a plan’s treatment of the association’s members; and (2) Whether a plan of reorganization should have classified such a homeowners’ association to allow the association to vote in a representative capacity.

On November 2, 1984, this court heard oral arguments on the…

2Cases cited5 opinions

  1. In the Matter of Harry Fondiller, Debtor. Rosalyn Fondiller v. Jerome E. RobertsonCourt of Appeals for the Ninth Circuit · 1983
  2. In Re SweetwaterUnited States Bankruptcy Court, D. Utah · 1984
  3. Norway National Bank v. Goodwin's Discount Furniture, Inc. (In Re Goodwin's Discount Furniture, Inc.)Bankruptcy Appellate Panel of the First Circuit · 1982
  4. Mission Hills Condominium Ass'n M-1 v. CorleyDistrict Court, N.D. Illinois · 1983
  5. Citicorp Acceptance Co. v. RUTI-Sweetwater (In Re Sweetwater)District Court, D. Utah · 1985

3Cited by21 opinions

  1. Kane v. Johns-Manville Corp. (In re Johns-Manville Corp.)Court of Appeals for the Second Circuit · 1988
  2. Matter of Johns-Manville Corp.United States Bankruptcy Court, S.D. New York · 1986
  3. Holmes v. Silver Wings Aviation, Inc.Court of Appeals for the Tenth Circuit · 1989
  4. In Re Orlando Investors, L.P.United States Bankruptcy Court, E.D. Pennsylvania · 1989
  5. Fisher v. Outlet Co. (In Re Denby Stores, Inc.)United States Bankruptcy Court, S.D. New York · 1988

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