In Re: Southern Pacific Funding Corporation, Debtor

268 F.3d 712 (9th Cir. 2001) IN RE: SOUTHERN PACIFIC FUNDING CORPORATION, DEBTOR. SPIEKER PROPERTIES, L.P., APPELLANT v. THE SPFC LIQUIDATING TRUST, AND BANK OF NEW YORK; HSBC BANK USA; SOUTHERN PACIFIC FUNDING CORPORATION, APPELLEES No. 00-35019 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Argued and Submitted September 12, 2001 Filed October 15, 2001 David W. Criswell, Ball Janik Llp, Portland, Oregon, for the appellant. Gregg D. Johnson, Ater Wynne Llp, Portland, Oregon, for appellee Bank of New York, Indenture Trustee. Edward Fox, Pryor Cashman Sherman & Flynn Llp, New York, New York, for appellee Hsbc Bank Usa, Indenture Trustee. Appeal from the United States District Court for the District of Oregon; Malcolm F. Marsh, District Judge, Presiding. D.C. No. CV 99-1613 MFM Before: Thompson, Tashima, and Graber, Circuit Judges. Tashima, Circuit Judge: 1 This appeal challenges the bankruptcy court's confirmation of the Second Amended Plan of Reorganization (the"Plan") of Debtor Southern Pacific Funding Corporation ("SPFC"), in a case under Chapter 11 of the Bankruptcy Code. The challenge is brought by Appellant Spieker Properties, SPFC's landlord and an unsecured…