IN RE INVESTMENT COMPANY OF THE SOUTHWEST, INC.

BAP No. NM-04-085, Bankruptcy No. 11-02-17878-SA.

341 B.R. 298 (2006)

In re INVESTMENT COMPANY OF THE SOUTHWEST, INC., Debtor. F.H. Partners, L.P., Appellant, v. Investment Company of the Southwest, Inc., Four Hills Associates, and Bank of America Mortgage, Appellees.

United States Bankruptcy Appellate Panel for the Tenth Circuit.

April 28, 2006.


Attorney(s) appearing for the Case

Steven A. Klenda, Tisdale and Associates, LLC, Denver, Colorado (Douglas M. Tisdale with him on the briefs), for Appellant.

Daniel J. Behles, Albuquerque, New Mexico, for Appellee Investment Company Of The Southwest, Inc.

Before CLARK, BROWN, and KARLIN, Bankruptcy Judges.


OPINION

KARLIN, Bankruptcy Judge.

This is an appeal by Compass Bank ("Compass" or "Bank")2 from the order confirming the Chapter 11 plan of Debtor, Investment Company of the Southwest, Inc. ("ICS") (the "Confirmation Order"). Debtor is a real estate developer owning both developed and undeveloped properties primarily in New Mexico. Compass was Debtor's primary lender, and it contends that the bankruptcy court erred in confirming...

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