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156024P.pdf 07/19/2016 Civic Partners Sioux City, LLC v. Main Street Theatres
U.S. Court of Appeals Case No: 15-6024
U.S. Bankruptcy Court for the Northern District of Iowa - Sioux City
[PUBLISHED] [Nail, Author, with Kressel and Schermer, Bankruptcy Judges]
Bankruptcy Appellate Panel. The bankruptcy court erred in determining the
parties' amended lease, rather than their original lease, controlled Civic
Partner's relationship with Main Street; as a result of this
determination, the bankruptcy court did not consider the possibility that
Civil Partners might be able to propose a confirmable Chapter 11 based on
the original lease when it refused to approve the plan and dismissed the
matter; the bankruptcy court's order dismissing Civil Partners' bankruptcy
case is reversed, and the matter is remanded for further proceeding.