IN RE WILSHIRE COURTYARD

BAP No. CC-10-1275-PaKiSa. Bankruptcy No. LA 97-10771 PC.

459 B.R. 416 (2011)

In re WILSHIRE COURTYARD, Debtor. California Franchise Tax Board, Appellant, v. Wilshire Courtyard; Jerome H. Snyder Group I, LTD.; Lewis P. Geyser Revocable Trust; Geyser Children's Trust, FBO Jennifer Geyser, Lewis P. Geyser, Trustee; Wendy K. Snyder; Jerome H. Snyder; Geyser Children's Trust, FBO Daniel Geyser, Lewis P. Geyser, Trustee; Russell & Ruth Kubovec, Deceased, Kubovec Family Trust, Rita Farmer, Trustee; William N. Snyder; Joan Snyder; Geyser Children's Trust, FBO Douglas Geiser, Lewis P. Geyser, Trustee; Lon J. Snyder; Snyder Children's Trust, FBO William N. Snyder, Lewis P. Geyser, Trustee, Appellees.

United States Bankruptcy Appellate Panel, of the Ninth Circuit.

Decided September 19, 2011.


Attorney(s) appearing for the Case

Todd M. Bailey , Rancho Cordova, CA, appeared for Appellant California Franchise Tax Board.

Lewis P. Geyser , Solvang, CA, appeared for Appellees Jerome H. Snyder Group I, Ltd., Lewis P. Geyser Revocable Trust, Wendy K. Snyder, Jerome H. Snyder, Geyser Children's Trust, FBO Jennifer Geyser, Lewis P. Geyser, Trustee, Geyser Children's Trust, FBO Daniel Geyser, Lewis P. Geyser, Trustee, Russell & Ruth Kubovec, Deceased, Kubovec Family Trust, Rita Farmer, Trustee, William N. Snyder, Joan Snyder, Geyser Children's Trust, FBO Douglas Geyser, Lewis P. Geyser, Trustee, Lon J. Snyder and Snyder Children's Trust, FBO William N. Snyder, Lewis P. Geyser, Trustee.

Lewis R. Landau appeared for Appellee Wilshire Courtyard.

Before: PAPPAS, KIRSCHER and SARGIS, Bankruptcy Judges.


OPINION

PAPPAS, Bankruptcy Judge.

In this complicated dispute, the Panel is asked to review the opinions and orders of the bankruptcy court entered in a reopened chapter 113 real estate partnership reorganization case, and in particular, the state tax consequences of confirmation of the debtor's plan for its former partners. While the substantive issues raised in this appeal involve interesting, complex questions about the interplay...

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