IN RE WESTPOINTE, L.P.

No. 99-2705.

241 F.3d 1005 (2001)

In re: WESTPOINTE, L.P., a Missouri Partnership, doing business as Westpointe Apartments, Debtor. Northwest Village Limited Partnership; Grandview Hills Limited Partnership; Parkridge Apartments Limited Partnership; Lamplite Limited Partnership; Westpointe Limited Partnership, Debtors-Appellants, v. William E. Franke; Gannon Management Company of Missouri; Prairie Properties, L.L.C., Creditors-Appellees. Northwest Village Limited Partnership; Grandview Hills Limited Partnership; Parkridge Apartments Limited Partnership; Lamplite Limited Partnership; Westpointe Limited Partnership, Debtors-Appellants, v. Prairie Properties, L.L.C., Creditor-Appellee. Cynthia McNeill, Interested Party-Appellee. Susman, Schermer, Rimmel & Shifrin, Movant-Appellee. William E. Franke; Gannon Management Company of Missouri, Creditors-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 14, 2001.


Attorney(s) appearing for the Case

F. Guthrie Castle, argued, Memphis, TN, for appellant.

Robert H. Brownlee, argued, St. Louis, MO (Terry L. Pabst, St. Louis, MO, on the brief), for appellees Gannon Management and William E. Franke.

Gregory A. Lowry, argued, Dallas, TX (Phyllis Schauffler, St. Louis, MO, on the brief), for Prairie Properties.

Before HANSEN, HEANEY, and FAGG, Circuit Judges.


HANSEN, Circuit Judge.

In short,1 five real estate limited partnerships ("Debtors") filed for Chapter 11 bankruptcy in September of 1990 after defaulting on their HUD mortgage. A reorganization plan was proposed by appellees William E. Franke and Gannon Management Company of Missouri ("Franke-Gannon"), approved by HUD, and later adopted by the bankruptcy court on June 22, 1992. As of that date, the bankruptcy court determined that the...

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