In Re E.C. Garcia and Company, Inc., Debtor. Citibank (Arizona) v. E.C. Garcia and Company, Inc.

78 F.3d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 E.C. GARCIA AND COMPANY, INC., Debtor. CITIBANK (ARIZONA), Appellant, v. E.C. GARCIA AND COMPANY, INC., Appellees. No. 94-16818. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 14, 1996. Decided March 5, 1996. Before: ALARCON, LEAVY and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 Citibank moved for an order dismissing the Garcia chapter 11 bankruptcy, or converting it to chapter 7. Citibank urged that the debtor had materially defaulted with respect to the confirmed plan, by failing to pay property taxes. The reorganization plan had been confirmed in November of 1990. The motion to dismiss or convert was filed in January of 1994. The bankruptcy court denied the motion. The court took judicial notice that "the Debtor has substantially complied with the terms of its confirmed plan," and also "that the Debtor has defaulted with respect to only one class of creditors pursuant to a plan…