IN RE SAVE OUR SPRINGS (S.O.S.) ALLIANCE, INC.

No. 09-50990.

632 F.3d 168 (2011)

In re SAVE OUR SPRINGS (S.O.S.) ALLIANCE, INC., Doing Business as Save Our Springs Alliance, Inc., Doing Business as S.O.S. Alliance, Debtor. Save Our Springs (S.O.S.) Alliance, Inc., Doing Business as Save Our Springs Alliance, Inc., Doing Business as S.O.S. Alliance, Appellant, v. WSI (II)-COS, L.L.C., Appellee.

United States Court of Appeals, Fifth Circuit.

January 26, 2011.


Attorney(s) appearing for the Case

Bernard Weldon Ponder, Jr. , Law Offices of B. Weldon Ponder, Andrew Aston Hawkins (argued), Save Our Springs Alliance, Inc., Austin, TX, for Plaintiff-Appellant.

Rebecca S. McElroy (argued), Martinec, Winn, Vickers & McElroy, P.C., Austin, TX, for Defendant-Appellee.

Before JOLLY, HIGGINBOTHAM and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Save our Springs (S.O.S.) Alliance, Inc. ("S.O.S."), contests the bankruptcy court's refusal to confirm its reorganization plan. If confirmation is denied, it argues in the alternative that it should not be held to the 300-day deadline for plan confirmation under 11 U.S.C. § 1121(e)(2) because its designation of itself as a small business debtor in its bankruptcy petition was incorrect. We affirm the district court's affirmance...

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