In re Brook View Apartments

24 F.3d 245 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re BROOK VIEW APARTMENTS, a California limited partnership, Debtor. BROOK VIEW APARTMENTS, a California limited partnership, Debtor-Appellant, v. REPUBLIC FEDERAL SAVINGS AND LOAN ASSOCIATION, Appellee. No. 92-16606. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 10, 1994. Decided May 2, 1994. Before: FLETCHER, KOZINSKI, and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Brook View Apartments ("Brook View") is a California limited partnership whose principal asset was a 156-unit apartment complex in Mesa, Arizona. Republic Federal Savings and Loan Associations ("Republic") was the lender and first lienholder on the apartment complex and the rents therefrom. Brook View filed a voluntary petition under chapter 11 of the Bankruptcy Code. The bankruptcy court denied confirmation of Brook View's amended plan for reorganization and granted Republic relief from the automatic stay of 11 U.S.C. Sec.…