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IN RE KAMELL

No. 8:10-bk-15501-TA.

451 B.R. 505 (2011)

In re Rafik Youssef KAMELL, Debtor(s).

United States Bankruptcy Court, C.D. California.

May 4, 2011.

Attorney(s) appearing for the Case

Robert P. Goe , Goe & Forsythe, LLP, Irvine, CA, for Debtor.

Michael J. Hauser , Santa Ana, CA, for U.S. Trustee.

Christopher M. McDermott , San Diego, CA, Ramesh Singh , Recovery Systems Management Corp, Miami, FL, for Courtesy NEF.

Nathan F. Smith , Malcolm-Cisneros, Irvine, CA, for Central Mortgage Company.

Eric J. Testan , Pite Duncan LLP, San Diego, CA, for JPMorgan Chase Bank and National Association.

AMENDED ORDER DENYING CONFIRMATION OF DEBTOR'S FIRST AMENDED CHAPTER 11 PLAN OF REORGANIZATION

THEODOR C. ALBERT, Bankruptcy Judge.

This case involves the perplexing question of whether the "absolute priority rule" survives the BAPCPA1 amendments to individual Chapter 11 proceedings. This question has divided bankruptcy courts across the country. The court appreciates the learned and eloquent opinions of some judges to the contrary...

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