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IN RE LOTSPEICH

BAP No. WO-04-074, Bankruptcy No. 02-22227-BH.

328 B.R. 209 (2005)

In re Roy A. LOTSPEICH, also known as R.A. Lotspeich, Debtor. First State Operating Company, Appellant, v. L. Win Holbrook, Trustee, Roy A. Lotspeich, Farm Service Agency, and Bank of Laverne, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

July 25, 2005.

Attorney(s) appearing for the Case

Kenneth Jones, Oklahoma City, Oklahoma (Karen L. Howick, Howick & Associates, Oklahoma City, Oklahoma, with him on the brief), for Appellant First State Operating Company.

Mark B. Toffoli, Holbrook & Toffoli, Oklahoma City, Oklahoma, for Appellee L. Win Holbrook.

Gary D. Hammond, Hammond & Associates, P.L.L.C., Edmond, Oklahoma, for Appellee R.A. Lotspeich.

Kay Sewell, Assistant United States Attorney (Robert McCampbell, United States Attorney, with her on the brief), Oklahoma City, Oklahoma, for Appellee Farm Service Agency.

Before McFEELEY, Chief Judge, CLARK, and McNIFF, Bankruptcy Judges.

OPINION

McFEELEY, Chief Judge.

Appellant First State Operating Company ("FSOC") appeals two orders of the bankruptcy court of the Western District of Oklahoma that approved an asset sale and confirmed the trustee's Chapter 11 plan. First, FSOC argues that the bankruptcy judge erred when he entered an order approving an asset sale. Second, FSOC argues that the Chapter 11 plan violates the absolute priority rule as...

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