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IN RE SWEETWATER

No. C-84-546J.

57 B.R. 743 (1985)

In re SWEETWATER, a Utah corporation, et al., Debtors and Debtors in Possession. PALM SPRINGS OWNERS ASSOCIATION, Appellant, v. SWEETWATER, A Utah corporation, Appellee.

United States District Court, D. Utah, C.D.

February 28, 1985.

Attorney(s) appearing for the Case

Charles C. Brown, Salt Lake City, Utah, for appellant, Palm Springs Owners Ass'n.

Ralph R. Mabey and Steven J. McCardell, Salt Lake City, Utah (Robert Nelson, on brief), for Sweetwater, the reorganized debtor.

Richard F. Bojanowski, Salt Lake City, Utah, for appellant creditors, Allan Heins, Janet Heins and Hildegard Heins.

MEMORANDUM OPINION

JENKINS, Chief Judge.

This appeal is from the June 8, 1984, Bankruptcy Court order confirming Sweetwater's Chapter 11 Plan of Reorganization, 40 B.R. 733. It raises two related issues: (1) Whether a homeowners' association that has no direct claim against the debtors' estate has standing on appeal to challenge a plan's treatment of the association's members; and (2) Whether a plan of reorganization should...

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