In Re Thorpe Insulation Co.

Motor Vehicle Casualty Co. v. Thorpe Insulation Co. (In Re Thorpe Insulation Co.)

Good Law
677 F.3d 869·2012 WL 1089503
United States Court of Appeals for the Ninth CircuitApril 3, 201210-56543, 10-56622California9,089 words

Opinion

Opinion

Gould, J.

ORDER

The opinion in the above-captioned matter filed on January 24, 2012, and found at 2012 WL 178998 , 55 Bankr.Ct. Dec. 278, is amended as follows:

At slip opinion page 671, line 29, delete the following two sentences:

< Further, the trust has only distributed $44.7 million for pre-petition claims, claims submitted directly to the trust, the Business Loss Allocation, operating expenses, and contingent and professional fees — only $15 million of this has been to asbestos claimants. This is not half, let alone “substantially all,” of the property proposed to be transferred by the plan.>

Judge Gould has voted to deny the Petition for Rehearing En Banc, and Judges Schroeder and Seeborg have so recommended. The full court has been advised of the Petition for Rehearing En Banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35. The Petition for Rehearing En Banc is denied.

No future petitions for rehearing or rehearing en banc will be entertained.

IT IS SO ORDERED.

OPINION

The district court affirmed a bankruptcy court’s confirmation of a Chapter 11 plan of reorganization under 11 U.S.C. § 524 (g), a special provision for the…

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