In re Catton

MEMORANDUM DECISION AND ORDER ON CONFIRMATION

The court has considered debtor David N. Catton (“Debtor”) and the Catton Family Trust’s (the “Trust”) motion for approval of their joint Chapter 11 plan of reorganization (the “Plan”), U.S. Bank, N.A.’s (“U.S.Bank”). opposition, Sharon Investments’ (“Sharon”) opposition, the Trust’s reply, counsel’s oral argument, and Sharon’s and the Trust’s supplemental briefs.

The parties dispute whether Entz-White applies to the Plan’s treatment of Sharon and U.S. Bank’s claims. Debtor and the Trust essentially contend that Entz-White entitles Debtor to a credit of approximately $176,000 from U.S. Bank and $73,743 from Sharon. The court disagrees.

I. JURISDICTION AND VENUE

The court has jurisdiction to hear and determine this matter under 28 U.S.C. § 157 (b)(2)(L) and 1334(b). Venue is *715 proper in the Southern District of California under 28 U.S.C. § 1409 (a).

II. FACTUAL AND PROCEDURAL BACKGROUND

Prepetition, Debtor owned and operated income-producing properties. These holdings included a 22-unit apartment building at 1714 Grove Street, San Diego, CA 92102 (the “Grove Street Property”) and a 7-unit apartment building at 7580 North…