Wells Fargo Bank, N.A. v. Loop 76, LLC (In Re Loop 76, LLC)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KIRSCHER, Bankruptcy Judge.
We are asked to determine whether a third-party source for recovery on a creditor’s unsecured claim, such as a guarantor, is a factor the bankruptcy court may consider when determining whether claims are substantially similar under 11 U.S.C. § 1122(a). 2 We conclude that it is, and we AFFIRM. 3
I. FACTUAL AND PROCEDURAL HISTORY
Loop 76 is an Arizona limited liability-company that was formed in 2004 for the purpose of constructing, developing, and operating an office/retail complex located in the Airpark Design Center portion of Scottsdale, Arizona (the “Airpark…
2Cases cited30 opinions
- United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
- 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
- Retz v. Samson (In Re Retz)Court of Appeals for the Ninth Circuit · 2010
- In Re Aov Industries, Inc., Hubert R. Bruce, Appeal of Hawley Fuel Coalmart, Inc. And Hawley Fuel Coal, Inc.Court of Appeals for the D.C. Circuit · 1986
- In Re U.S. Truck Company, Inc., a Michigan Corporation, Debtor. Teamsters National Freight Industry Negotiating Committee v. U.S. Truck Company, Inc.Court of Appeals for the Sixth Circuit · 1986
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3Cited by28 opinions
- Franklin High Yield Tax-Free Income Fund v. City of Stockton (In Re City of Stockton)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
- Beal Bank USA v. Windmill Durango Office, LLC (In re Windmill Durango Office, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- Meyer v. Renteria (In Re Renteria)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- In re 18 RVC, LLCUnited States Bankruptcy Court, E.D. New York · 2012
- In re HyattUnited States Bankruptcy Court, D. New Mexico · 2014
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