Legal Opinion
F.H. Partners v. Investment Co. of Southwest (In Re Investment Co. of the Southwest)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided April 28, 2006No. BAP No. NM-04-085, Bankruptcy No. 11-02-17878-SAPublishedCited by 42 opinions
1Opinion of the Court
OPINION
KARLIN, Bankruptcy Judge.
This is an appeal by Compass Bank (“Compass” or “Bank”) 2 from the order confirming the Chapter 11 plan of Debtor, Investment Company of the Southwest, Inc. (“ICS”) (the “Confirmation Order”). Debtor is a real estate developer owning both developed and undeveloped properties primarily in New Mexico. Compass was Debtor’s primary lender, and it contends that the bankruptcy court erred in confirming Debtor’s modified Second Amended Plan. For the reasons articulated below, the Court reverses and remands this case for proceedings consistent with this Opinion.
I.…
2Cases cited22 opinions
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Till v. SCS Credit Corp.Supreme Court of the United States · 2004
- In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
- Metropolitan Life Ins. v. Murel Holding Corp.Court of Appeals for the Second Circuit · 1935
- In the Matter of Sandy Ridge Development Corporation, Debtor. Sandy Ridge Development Corporation v. Louisiana National BankCourt of Appeals for the Fifth Circuit · 1989
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3Cited by42 opinions
- Dill Oil Company, LLC v. StephensCourt of Appeals for the Tenth Circuit · 2013
- In Re Trenton Ridge Investors, LLCUnited States Bankruptcy Court, S.D. Ohio · 2011
- In Re WilliamsUnited States Bankruptcy Court, E.D. Pennsylvania · 2006
- In Re PaigeCourt of Appeals for the Tenth Circuit · 2009
- In Re Young Broadcasting Inc.United States Bankruptcy Court, S.D. New York · 2010
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