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IN RE CAVIATA ATTACHED HOMES, LLC

BAP No. NV-11-1620-KiPaD. Bankruptcy No. 11-52458-BTB.

481 B.R. 34 (2012)

In re CAVIATA ATTACHED HOMES, LLC, Debtor. Caviata Attached Homes, LLC, Appellant, v. U.S. Bank, National Association, Appellee.

United States Bankruptcy Appellate Panel for the Ninth Circuit.

Original Opinion Decided June 29, 2012.

Amended Opinion Decided July 17, 2012.

Attorney(s) appearing for the Case

Jeffrey L. Hartman, Esq. of Hartman & Hartman argued for appellant, Caviata Attached Homes, LLC; Joshua D. Wayser, Esq. of Katten Muchin Rosenman LLP argued for appellee, U.S. Bank, National Association.

Before: KIRSCHER, PAPPAS, and DUNN, Bankruptcy Judges.

KIRSCHER, Bankruptcy Judge.

Appellant, chapter 111 debtor Caviata Attached Homes, LLC ("Caviata"), appeals an order from the bankruptcy court dismissing its second chapter 11 case due to Caviata's inability to show that an extraordinary change in circumstances substantially impaired its performance under its confirmed plan to warrant the second chapter 11 filing. In addressing this issue of first...

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