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IN RE UMPQUA SHOPPING CENTER, INC.

BAP No. OR-89-1630 VAsR, Bankruptcy No. 688-61007-R11.

111 B.R. 303 (1990)

In re UMPQUA SHOPPING CENTER, INC., Debtor. Louis E. TIPPET, Mary C. Bowman, Lester W. Thompson, and D.W. Martin, Appellees, v. UMPQUA SHOPPING CENTER, INC., Appellant.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided: February 28, 1990.

Attorney(s) appearing for the Case

John D. Rittenhouse, Karp & Richardson, San Diego, Cal., for appellant.

Robert J. Sullivan, Schwabe, Williamson & Wyatt, Portland, Or., for appellees.

Before: VOLINN, ASHLAND and RUSSELL, Bankruptcy Judges.

VOLINN, Bankruptcy Judge:

OVERVIEW

The debtor appeals from the order confirming a chapter 11 reorganization plan ("the Plan") that was proposed by the appellees, who are secured creditors of the debtor. The Plan treated the unsecured claims of a particular unsecured creditor, San Ysidro Associates III ("SYA"), as subordinate to the other unsecured creditors' claims.1 In the view of the appellees and the bankruptcy court, SYA...

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