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In re LichtinWade LLC

In re LichtinWade LLC

Ruling
Creditor's vote against debtor's plan could not be disallowed absent evidence of alleged bad faith.
Procedural posture

Debtor LLC filed a petition under chapter 11 of the Bankruptcy Code and operated its business renting commercial real estate as a debtor-in-possession. A secured creditor filed an objection to a chapter 11 bankruptcy plan the debtor proposed, and the debtor filed a motion which asked the court to disallow all votes the creditor cast against the debtor's plan, pursuant to 11 U.S.C.S. § 1126(e). The court held a hearing on the debtor's motion.

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Commercial opinion summary, case decided on December 17, 2012 , LexisNexis #0113-029