IN RE KARLOVICH

No. 10-10860-PB11.

456 B.R. 677 (2010)

In re Carol KARLOVICH, Debtors.

United States Bankruptcy Court, S.D. California.

November 16, 2010.


Attorney(s) appearing for the Case

Gustavo E. Bravo , John L. Smaha , John Paul Teague , Smaha Law Group, APLC, San Diego, CA, for Debtor.


ORDER ON MOTION FOR RELIEF FROM STAY

PETER W. BOWIE, Chief Judge.

This rather convoluted bankruptcy case has given rise to a very discreet legal issue—whether, in this post-BAPCPA era, the absolute priority rule applies in a chapter 11 case of an individual. For the reasons set forth below, the Court holds that it does.

This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1334 and General Order No. 312-D of the United States...

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