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IN RE WHISPERING PINES ESTATES, INC.

BAP No. 06-059. Bankruptcy Nos. 05-56003-MWV, 05-56004-MWV.

370 B.R. 452 (2007)

WHISPERING PINES ESTATES, INC. d/b/a the Pines at Edgewood Centre and Ami-Burlington, Inc. d/b/a the Anchorage Inn, Debtors. Whispering Pines Estates, Inc. d/b/a the Pines at Edgewood Centre, Appellant, v. Flash Island, Inc., Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

June 28, 2007.

Attorney(s) appearing for the Case

Robert J. Keach, Esq., Jennifer Rood, Esq., and Jessica A. Keating, Esq. on brief for Appellant.

William S. Cannon, Esq. on brief for Appellees.

Before HILLMAN, ROSENTHAL and SOMMA, United States Bankruptcy Appellate Panel Judges.

SOMMA, Bankruptcy Judge.

The debtor, Whispering Pines Estates, Inc., appeals from an order confirming the third-party plan put forth by its secured creditor, Flash Island, Inc. ("Flash Island"). Under the plan, the debtor's assets would be liquidated, either by a plan trustee or, if the trustee were unable to sell within a definite time, by Flash Island at foreclosure. The debtor appeals on the basis, among others, that the plan contains an impermissibly broad release...

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