Legal Opinion

Todeschi v. Juarez (In Re Juarez)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 21, 2019No. BAP AZ-19-1028-FLB; Bk. 0:17-bk-06277-BMWPublishedCited by 5 opinions

1Opinion of the Court

FARIS, Bankruptcy Judge:

INTRODUCTION

Appellants Edgar Todeschi and Georgina Ponce (the "Creditors") appeal from the bankruptcy court's order confirming debtor Ubaldo Juarez's amended chapter 11 1 plan. They argue (in summary) that Mr. Juarez acted in bad faith and that his plan violated the "absolute priority rule."

The bankruptcy court held three hearings and comprehensively addressed the Creditors' objections to plan confirmation. We do not discern any error in the court's rulings. Accordingly, we AFFIRM. We publish because this appeal presents a question of first impression in this circuit:…

2Cases cited30 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
  3. Law v. SiegelSupreme Court of the United States · 2014
  4. Retz v. Samson (In Re Retz)Court of Appeals for the Ninth Circuit · 2010
  5. In Re Bonner Mall Partnership, Debtor. Bonner Mall Partnership v. U.S. Bancorp Mortgage Co.Court of Appeals for the Ninth Circuit · 1993

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3Cited by5 opinions

  1. DAVID K. CROWE and COLLEEN M CROWEUnited States Bankruptcy Court, D. Arizona · 2021
  2. In re: Farwest Pump CompanyUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2020
  3. In re: Orange County Bail Bonds, Inc.United States Bankruptcy Appellate Panel for the Ninth Circuit · 2022
  4. In re: iE, INC.United States Bankruptcy Appellate Panel for the Ninth Circuit · 2020
  5. v. KaneDistrict Court, N.D. California · 2022

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