Seaport Automotive Warehouse, Inc. v. Rohnert Park Auto Parts, Inc. (In Re Rohnert Park Auto Parts, Inc.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
VOLINN, Bankruptcy Judge:
Seaport Automotive Warehouse, Inc. (“Seaport”) appeals the order confirming Debtor’s plan of reorganization on the grounds that the plan impermissibly enjoins creditors from proceeding against the Debtor or co-debtors of the Debtor pending completion of the plan. We reverse and remand.
FACTUAL AND PROCEDURAL BACKGROUND
The Debtor/appellee, Rohnert Park Auto Parts, Inc. (“Rohnert”) was a partnership of individuals prior to April 29, 1985, when it became incorporated. Seaport operates various warehouses from which it wholesales automotive parts and supplies.…
2Cases cited21 opinions
- A.H. Robins Co. v. PiccininCourt of Appeals for the Fourth Circuit · 1986
- 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
- In the Matter of Harry Fondiller, Debtor. Rosalyn Fondiller v. Jerome E. RobertsonCourt of Appeals for the Ninth Circuit · 1983
- Johnson v. First National Bank Of MontevideoCourt of Appeals for the First Circuit · 1983
- Kane v. Johns-Manville Corp. (In re Johns-Manville Corp.)Court of Appeals for the Second Circuit · 1988
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- Landsing Diversified Properties-II v. First National Bank & Trust Co. (In re Western Real Estate Fund, Inc.)Court of Appeals for the Tenth Circuit · 1990
- In Re Richard Buick, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1991
- In Re Heron, Burchette, Ruckert & RothwellDistrict Court, District of Columbia · 1992
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