IN RE AMBANC LA MESA LTD. PARTNERSHIP

No. 95-16872.

115 F.3d 650 (1997)

In re AMBANC LA MESA LIMITED PARTNERSHIP, Debtor. LIBERTY NATIONAL ENTERPRISES, a California limited partnership, Creditor-Appellant, v. AMBANC LA MESA LIMITED PARTNERSHIP, an Arizona limited partnership, Debtor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 28, 1997.


Attorney(s) appearing for the Case

Sean P. O'Brien, Frank G. Long, Gust Rosenfeld, Phoenix, Arizona, for creditor-appellant.

Ilene J. Lashinsky, Davis & Lowe, Phoenix, Arizona, for debtor-appellee.

Before RONEY, BEEZER and TROTT, Circuit Judges.


RONEY, Senior Circuit Judge:

Liberty National Enterprises, the only secured creditor in this single-asset bankruptcy of a 256-unit apartment project, appeals the confirmation of a Chapter 11 plan of reorganization which utilized the "cramdown" provisions of 11 U.S.C. § 1129(b) of the Bankruptcy Code. We reverse on two grounds.

The bankruptcy court first, erroneously failed to include cash collateral, the sum of rents accumulated less operating...

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