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IN RE STEPHENS

No. 11-6309.

704 F.3d 1279 (2013)

Arvin E. STEPHENS; Karen J. Stephens, f/d/b/a Ninnekah Quick Mart, Debtors. Dill Oil Company, LLC; Danny Dill; Nancy Dill, Appellants, v. Arvin E. Stephens; Karen J. Stephens, f/d/b/a Ninnekah Quick Mart, Appellees, National Association of Consumer Bankruptcy Attorneys, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

January 15, 2013.

Attorney(s) appearing for the Case

James Bellingham of Bellingham & Loyd, P.C., Oklahoma City, OK, for Appellants.

James Brunson of AG-LAW, PC, Oklahoma City, OK, for Appellees.

Tara Twomey of National Consumer Bankruptcy Rights Center, San Jose, CA, for Amicus Curiae.

Before KELLY and HOLMES, Circuit Judges, and MARTINEZ, District Judge.

PAUL KELLY, JR., Circuit Judge.

This appeal presents an issue of first impression for our circuit: whether the 2005 amendments to the Bankruptcy Code exempt individual Chapter 11 debtors from the absolute priority rule. The bankruptcy court answered this question in the affirmative. It therefore confirmed the Debtors' proposed plan of reorganization over certain creditors' objections that the plan violated the absolute priority rule. On appeal, the bankruptcy appellate...

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