in the Matter of: Sunnyslope Housing Limited Partnership v. Sunnyslope Housing Limited Partnership

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
IN THE MATTER OF: SUNNYSLOPE
HOUSING LIMITED PARTNERSHIP,
Debtor,
FIRST SOUTHERN NATIONAL BANK,
Plaintiff-Appellant,
v.
SUNNYSLOPE HOUSING LIMITED
PARTNERSHIP,
Defendant-Appellee.
No. 12-17241
D.C. No.
2:11-cv-02579-
HRH
IN THE MATTER OF: SUNNYSLOPE
HOUSING LIMITED PARTNERSHIP,
Debtor,
SUNNYSLOPE HOUSING LIMITED
PARTNERSHIP,
Plaintiff-Appellant,
v.
FIRST SOUTHERN NATIONAL BANK,
Defendant-Appellee.
No. 12-17327
D.C. No.
2:11-cv-02579-
HRH

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IN THE MATTER OF SUNNYSLOPE HOUSING 2
IN THE MATTER OF: SUNNYSLOPE
HOUSING LIMITED PARTNERSHIP,
Debtor,
FIRST SOUTHERN NATIONAL BANK,
Plaintiff-Appellant,
v.
SUNNYSLOPE HOUSING LP,
Defendant-Appellee.
No. 13-16164
D.C. No.
2:12-cv-02700-
HRH
IN THE MATTER OF: SUNNYSLOPE
HOUSING LIMITED PARTNERSHIP,
Debtor,
SUNNYSLOPE HOUSING LP,
Plaintiff-Appellant,
v.
FIRST SOUTHERN NATIONAL BANK,
Defendant-Appellee.
No. 13-16180
D.C. No.
2:12-cv-02700-
HRH
ORDER
Filed April 21, 2016
Before: Alex Kozinski, Richard A. Paez,
and Richard R. Clifton, Circuit Judges.

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IN THE MATTER OF SUNNYSLOPE HOUSING 3
ORDER
The slip opinion filed on April 8, 2016, is hereby
amended as follows:
1. On page 6 of the slip opinion, line 4, change <section
1325(a)(5)(B) of the Code> to <section 1129(b) of the
Code>.
2. On page 11 of the slip opinion, lines 6–7, change
<11 U.S.C. § 1325(a)(5)(B)> to <11 U.S.C. § 1129(b)>.
3. On page 25 of the slip opinion, lines 1–7, change
<Under section 1325(a)(5) of the Code, a plan’s treatment of
a secured claim can be confirmed if one of three conditions
is satisfied: the creditor accepts the plan, the debtor
surrenders the property, or the debtor invokes the cram down
power. Rash, 520 U.S. at 957.> to <Under section 1129(b) of
the Code, a plan can be confirmed even without the consent
of all impaired classes of creditors if the debtor invokes the
cram down power.>.
With these amendments, the petition for panel rehearing
is DENIED as moot. Future petitions for panel rehearing and
rehearing en banc may be filed from this Order.

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