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IN RE LIVELY

No. 12-20277.

717 F.3d 406 (2013)

In the Matter of Philip Reed LIVELY, Debtor. Philip Reed Lively, Appellant.

United States Court of Appeals, Fifth Circuit.

May 29, 2013.

Attorney(s) appearing for the Case

Marjorie A. Payne Britt , Britt & Catrett, P.C., Houston, TX, for Appellant.

Before JONES, DENNIS and HIGGINSON, Circuit Judges.

EDITH H. JONES, Circuit Judge:

The denial of confirmation of an individual Chapter 11 debtor's reorganization plan was certified for appeal from the bankruptcy court pursuant to 28 U.S.C. § 158(d)(2)(A)(i) and (ii) to resolve a question of first impression in this circuit: whether Chapter 11's absolute priority rule, 11 U.S.C. § 1129(b)(2)(B), as amended by the BAPCPA1, applies in such individual debtor cases? In accord with...

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