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IN RE LOOP 76, LLC

BAP Nos. AZ-11-1094-KiWiJu, AZ-11-1113-KiWiJu. Bankruptcy No. 09-16799-RJH.

465 B.R. 525 (2012)

In re LOOP 76, LLC., Debtor. Wells Fargo Bank, N.A., Appellant, v. Loop 76, LLC; Genesee Funding, LLC, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided February 23, 2012.

Attorney(s) appearing for the Case

Susan G. Boswell of Quarles & Brady, LLP, Tucson, AZ, argued for appellant, Wells Fargo Bank, N.A.; Gerald M. Gordon of Gordon Silver, Las Vegas, NV, argued for appellee, Loop 76, LLC.

Before: KIRSCHER, WILLIAMS, and JURY, Bankruptcy Judges.

OPINION

KIRSCHER, Bankruptcy Judge.

We are asked to determine whether a third-party source for recovery on a creditor's unsecured claim, such as a guarantor, is a factor the bankruptcy court may consider when determining whether claims are substantially similar under 11 U.S.C. § 1122(a).2 We conclude that it is, and we AFFIRM.3

I. FACTUAL...

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