Legal Opinion

Diamond Enters., Ltd. v. Younessi (In Re Younessi)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided July 10, 2019No. BAP CC-18-1337-FLKu; Bk. 8:16-bk-15208-MW; Adv. Pro. 8:18-ap-01150-MWPublishedCited by 1 opinion

1Opinion of the Court

FARIS, Bankruptcy Judge:

*817 INTRODUCTION

The bankruptcy court confirmed debtor Michael Younessi's chapter 11 1 plan, then granted (in part) creditor Diamond Enterprises, Ltd., LP's ("Diamond") motion to modify the confirmation order. Over 180 days after the original confirmation order, but less than 180 days after the modification, Diamond filed a complaint to revoke confirmation, contending that the original confirmation order was procured by fraud. Mr. Younessi filed a motion to dismiss the complaint, arguing that it was barred by the 180-day deadline in § 1144. The bankruptcy court agreed with…

2Cases cited10 opinions

  1. United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
  2. Woods & Erickson, LLP v. Leonard (In Re AVI, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  3. In re: Wallace Eugene Francis, Tracy Danielle FrancisUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  4. In the Matter of NEWPORT HARBOR ASSOCIATES, D/B/A Newport Harbor Treadway, Inc., Etc. and James W. Kirby, Etc., Debtors, AppellantsCourt of Appeals for the First Circuit · 1978
  5. Narayanan Ex Rel. Narayanan v. British AirwaysCourt of Appeals for the Ninth Circuit · 2014

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3Cited by1 opinion

  1. Astria Health v. United States Small Business AdministrationDistrict Court, E.D. Washington · 2022

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