FIRST SOUTHERN NATIONAL BANK V. SUNNYSLOPE HOUSING LP, No. 12-17241 (9th Cir. 2016)

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This opinion or order relates to an opinion or order originally issued on April 8, 2016.

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT IN THE MATTER OF: SUNNYSLOPE HOUSING LIMITED PARTNERSHIP, Debtor, No. 12-17241 D.C. No. 2:11-cv-02579HRH 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. No. 12-17327 D.C. No. 2:11-cv-02579HRH 2 IN THE MATTER OF SUNNYSLOPE HOUSING IN THE MATTER OF: SUNNYSLOPE HOUSING LIMITED PARTNERSHIP, Debtor, No. 13-16164 D.C. No. 2:12-cv-02700HRH FIRST SOUTHERN NATIONAL BANK, Plaintiff-Appellant, v. SUNNYSLOPE HOUSING LP, Defendant-Appellee. IN THE MATTER OF: SUNNYSLOPE HOUSING LIMITED PARTNERSHIP, Debtor, No. 13-16180 D.C. No. 2:12-cv-02700HRH SUNNYSLOPE HOUSING LP, Plaintiff-Appellant, ORDER v. FIRST SOUTHERN NATIONAL BANK, Defendant-Appellee. Filed April 21, 2016 Before: Alex Kozinski, Richard A. Paez, and Richard R. Clifton, Circuit Judges. 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.