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IN RE MONARCH BEACH VENTURE, LTD.

No. SACV 93-934-GLT. Bankruptcy No. SA 92-17591-JB.

166 B.R. 428 (1993)

In re MONARCH BEACH VENTURE, LTD., Debtor. AETNA REALTY INVESTORS, INC., Appellant, v. MONARCH BEACH VENTURE, LTD., Appellee.

United States District Court, C.D. California.

November 16, 1993.

Attorney(s) appearing for the Case

Marc J. Winthrop and Sean A. O'Keefe, Lobel, Winthrop and Broker, Irvine, CA, for Monarch Beach Venture, Ltd.

Richard Casher and G. Eric Brunstad, Jr., Hebb & Gitlin, Hartford CT, and Dennis Arnold and Kathryn L. Koorenny of Gibson, Dunn & Crutcher, Irvine, CA, for Aetna Realty Investors, Inc.

ORDER ON APPEAL

TAYLOR, District Judge.

This case raises the issue, largely undefined in the Ninth Circuit, of legal standards applicable for evaluating a "cram down" plan under 11 U.S.C. Section 1129(b). The court reviews those standards, and REMANDS the case for further findings.

I. BACKGROUND

Aetna Realty Investors, holder of a $31 million secured claim against Debtor Monarch Beach Venture...

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