Official Committee of Unsecured Creditors v. Henry Mayo Newhall Memorial Hospital (In Re Henry Mayo Newhall Memorial Hospital)

MARLAR, Bankruptcy Judge,

concurring.

While I join in Parts I, II, and IV and concur with the result affirming the bankruptcy court’s decision, I cannot agree with the conclusion in Part III that our standard of review is de novo rather than abuse of discretion.

Although the track to appellate decision is clearly quicker on an exclusivity issue, I do not envision that as requiring a divergence from well-established law and changing to a de novo standard of review. District courts and bankruptcy courts have consistently held that the applicable standard of review for § 1121(d) cases is abuse of…