IN RE ROHNERT PARK AUTO PARTS, INC.

BAP No. NC-89-1246 VMeR, Bankruptcy No. 1-88-01197.

113 B.R. 610 (1990)

In re ROHNERT PARK AUTO PARTS, INC., Debtor. SEAPORT AUTOMOTIVE WAREHOUSE, INC., Appellant, v. ROHNERT PARK AUTO PARTS, INC., Appellee.

United States Bankruptcy Appellate Panel, of the Ninth Circuit.

Decided May 9, 1990.


Attorney(s) appearing for the Case

Lawrence J. Rockwell, Oakland, Cal., for appellants.

David N. Chandler, Santa Rosa, Cal., for appellees.

Before VOLINN, MEYERS and RUSSELL, Bankruptcy Judges.


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...

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