Legal Opinion
JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Properties Inc. (In Re Transwest Resort Properties, Inc.)
Court of Appeals for the Ninth Circuit
Decided July 1, 2015No. 12-17176PublishedCited by 2 opinions
1Opinion of the Court
Opinion by Judge FRIEDLAND; Dissent by Judge MILAN D. SMITH, JR.
OPINION
FRIEDLAND, Circuit Judge:
We consider whether a lender that made colorable objections to a plan of reorganization in bankruptcy court and then diligently sought a stay in order to litigate those objections may obtain review of its objections on appeal even though the plan has been implemented. Because it would be possible to devise an equitable remedy to at least partially address the lender’s objections without unfairly impacting third parties or entirely unraveling the plan, we hold that the lender’s objections are not…
2Cases cited11 opinions
- Radlax Gateway Hotel, LLC v. Amalgamated BankSupreme Court of the United States · 2012
- Motor Vehicle Casualty Co. v. Thorpe Insulation Co. (In Re Thorpe Insulation Co.)Court of Appeals for the Ninth Circuit · 2012
- Bank of New York Trust Co. v. Official Unsecured Creditors' CommitteeCourt of Appeals for the Fifth Circuit · 2009
- In Re Continental Airlines. Nationsbank of Tennessee, N.A., F/k/a Nationsbank of Tennessee, as Collateral Trustee Under a Secured Equipment Indenture and Lease Agreement Dated March 15, 1987 ("Nationsbank") New Jersey National Bank, as Successor by Merger to Constellation Bank, N.A., F/k/a National State Bank of Elizabeth, N.J. Harris Trust and Savings Bank and Boatman's First National Bank of Oklahoma, as First, Second and Third Priority Secured Equipment Certificates Trustees Thereunder, Respectively (The "Series Trustees" And, Collectively With Nationsbank, the "Trustees")Court of Appeals for the First Circuit · 1996
- Clear Channel Outdoor, Inc. v. Knupfer (In Re PW, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
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3Cited by2 opinions
- JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Properties Inc.Court of Appeals for the Ninth Circuit · 2015
- JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Properties Inc.Court of Appeals for the Ninth Circuit · 2015