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UM v. SPOKANE ROCK I, LLC

No. 16-35753.

904 F.3d 815 (2018)

Hyun J. UM; Thomas W. Price; Patricia A. Price, Appellants, v. SPOKANE ROCK I, LLC, Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 14, 2018.

Attorney(s) appearing for the Case

J. Todd Tracy (argued) and Steven J. Reilly , The Tracy Law Group PLLC, Seattle, Washington, for Defendants-Appellants.

Charles R. Ekberg (argued), Ryan P. McBride , and Laura Marquez-Garrett , Lane Powell PC, Seattle, Washington, for Plaintiff-Appellee.

Before: Marsha S. Berzon and Andrew D. Hurwitz, Circuit Judges, and Raymond J. Dearie, District Judge.

OPINION

Confirmation of a Chapter 11 plan of reorganization generally discharges a petitioner from pre-confirmation debts. 11 U.S.C. § 1141(d)(1)(A). But, under 11 U.S.C. § 1141(d)(3), a debt is not discharged if:

(A) the plan provides for the liquidation of all or substantially all of the property...

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