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IN RE ARDEN

Nos. 97-55968, 97-55997.

176 F.3d 1226 (1999)

In re Perry ARDEN, Debtor. Perry Arden, Appellant-Cross-Appellee, v. Motel Partners, Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 1, 1999.

Attorney(s) appearing for the Case

Eric V. Benham, San Diego, California, and Sarkis Kaloustian, Kaloustian & Associates, La Jolla, California, for the appellant-cross-appellee.

Dennis J. Wickam and Neal P. Panish, Seltzer Caplan Wilkins & McMahon, San Diego, California, for the appellee-cross-appellant.

Before: BRUNETTI, MAGILL, and McKEOWN, Circuit Judges.

McKEOWN, Circuit Judge:

This case stems from a bankruptcy claim dispute between debtor/guarantor Perry Arden and unsecured creditor/lessor Motel Partners over breach of a long-term lease. We must decide whether the bankruptcy court abused its discretion in confirming Motel Partners' claim compromise and Plan of Reorganization (the "Plan") on the ground that the claim was not subject to the damages cap in 11 U.S.C. § 502(b)(6) (the "Cap"). The Bankruptcy Appellate...

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