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IN RE OFF-SPEC SOLUTIONS, LLC

BAP No. ID-23-1020-GCB Bk. No. 22-00346-NGH Adv. No. 22-06020-NGH.

651 B.R. 862 (2023)

IN RE: OFF-SPEC SOLUTIONS, LLC, Debtor. Kristina Jayn Lafferty, Appellant, v. Off-Spec Solutions, LLC; CVF Capital Partners, Inc.; Kevin Choate; Cool Mountain Transport; CVF Capital Partners, Inc., Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed July 6, 2023.

Attorney(s) appearing for the Case

Ronald Walter Brilliant argued for appellant;

Matthew T. Christensen of Johnson May, PLLC argued for appellees Off-Spec Solutions, LLC and Cool Mountain Transport.

Before: GAN, CORBIT, and BRAND, Bankruptcy Judges.

OPINION

INTRODUCTION

This appeal requires us to decide, as a matter of first impression, whether the nondischargeability provisions of § 523(a)1 are applicable to corporate debtors who confirm nonconsensual plans under subchapter V of chapter 11.

Appellant Kristina...

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