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IN RE SUNNYSLOPE HOUSING LTD. PARTNERSHIP

Nos. 12-17241, 12-17327, 13-16164, 13-16180.

818 F.3d 937 (2016)

In the Matter of SUNNYSLOPE HOUSING LIMITED PARTNERSHIP, Debtor, First Southern National Bank, Plaintiff-Appellant, v. Sunnyslope Housing Limited Partnership, Defendant-Appellee. In the Matter of Sunnyslope Housing Limited Partnership, Debtor, Sunnyslope Housing Limited Partnership, Plaintiff-Appellant, v. First Southern National Bank, Defendant-Appellee. In the Matter of Sunnyslope Housing Limited Partnership, Debtor, First Southern National Bank, Plaintiff-Appellant, v. Sunnyslope Housing LP, Defendant-Appellee. In the Matter of Sunnyslope Housing Limited Partnership, Debtor, Sunnyslope Housing LP, Plaintiff-Appellant, v. First Southern National Bank, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 8, 2016.

As Amended on Denial of Rehearing April 21, 2016.

Attorney(s) appearing for the Case

Brian Sirower (argued) and Walter J. Ashbrook , Quarles & Brady LLP, Phoenix, AZ; E. King Poor , Quarles & Brady LLP, Chicago, IL, for Plaintiff-Appellant/Cross-Appellee First Southern National Bank.

David William Engelman , Scott B. Cohen , and Bradley D. Pack , Engelman Berger, P.C., Susan M. Freeman (argued), Henk Taylor , and Justin Henderson , Lewis Roca Rothgerber Christie LLP, Phoenix, AZ for Debtor/Defendant-Appellee/Cross-Appellant Sunnyslope Housing Limited Partnership.

Opinion by Judge CLIFTON; Dissent by Judge PAEZ.

OPINION

This case concerns the valuation of the secured interest in real property under section 506(a) of the Bankruptcy Code when a bankrupt debtor has exercised the "cram down" option provided under section 1129(b) of the Code.

Debtor Sunnyslope Housing Limited Partnership ("Sunnyslope") developed and...

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