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Southern pacific funding corporation liquidating trust

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Before: THOMPSON, TASHIMA, and GRABER, Circuit Judges. Criswell, Ball Janik LLP, Portland, Oregon, for the appellant. Johnson, Ater Wynne LLP, Portland, Oregon, for appellee Bank of New York, Indenture Trustee. They subordinate payment on the Notes to payment of “Senior Indebtedness.” The Indenture defines “Senior Indebtedness” as essentially any indebtedness (as defined by the contract) of SPFC that “by its terms ․ it is stated to be not superior in right of payment to the Notes.” Indenture at 7. Section 12.3 of the Indenture provides that in the event of dissolution, liquidation, reorganization, or distribution of the assets of SPFC, the Senior Indebtedness must be paid in full before any payments are made on the Notes. See Plan § 3.2.6(b) (providing that “until [the claims of Senior Indebtedness] have been paid in full, all Distributions of Available Cash that would be payable to [holders of the Notes] in the absence of the Subordination Provisions shall be distributed Pro Rata to the [holders of Senior Indebtedness]”). Factual determinations are reviewed for clear error, while legal conclusions and mixed questions of law and fact are reviewed de novo. It empowers the bankruptcy trustee to “assume or reject any executory contract or unexpired lease of the debtor,” subject to court approval.

However, ultimately, the determination was made to engage in an orderly liquidation of the homebuilding and related assets.At the same time, I understand the big picture and keep their broader goals in focus.I translate business understandings and needs into clear, understandable legal documents and work efficiently and effectively to protect my clients' interests and minimize their risks.In fiscal year 2015, Amtrak served 30.8 million passengers and had .185 billion in revenue, From 1920 into the later 20th century, passenger rail's popularity diminished and there was a series of pullbacks and tentative recoveries.Rail passenger revenues declined dramatically between 19 because of the rise of the automobile.My areas of experience include general business and corporate law, tax, energy, insurance transactions and regulatory compliance, and international and domestic complex commercial transactions.