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IN RE TRANSWEST RESORT PROPERTIES, INC.

No. 12-17176.

791 F.3d 1140 (2015)

In re TRANSWEST RESORT PROPERTIES, INC., Debtor, JPMCC 2007-C1 Grasslawn Lodging, LLC, Appellant, v. Transwest Resort Properties Incorporated; Southwest Value Partners Fund XV LLP; SWVP La Paloma LLC; SWVP Hilton Head LLC, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 1, 2015.

Attorney(s) appearing for the Case

David M. Neff (argued) and Eric E. Walker , Perkins Coie LLP, Chicago, IL, for Appellant.

Susan G. Boswell (argued), Quarles & Brady LLP, Tucson, AZ; Kasey C. Nye , Mesch, Clark & Rothschild, Tucson, AZ; E. King Poor , Quarles & Brady LLP, Chicago, IL, for Appellees.

Opinion by Judge FRIEDLAND; Dissent by Judge MILAN D. SMITH, JR.

OPINION

We consider whether a lender that made colorable objections to a plan of reorganization in bankruptcy court and then diligently sought a stay in order to litigate those objections may obtain review of its objections on appeal even though the plan has been implemented. Because it would be possible to devise...

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