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In re Eastport Golf Club Inc.

In re Eastport Golf Club Inc.

Ruling
Creditor's assignee could not vote on plan confirmation where creditor had not filed a proof of claim.
Procedural posture

Debtor operated a golf course. Debtor filed a petition under chapter 11. Debtor filed its proposed plan of reorganization. The bankruptcy court entered an order setting a deadline to file ballots accepting or rejecting the plan. Creditor did not file a proof of claim prior to the initial confirmation hearing. The matter was before the bankruptcy court for a confirmation hearing. Debtor orally moved to allow the ballot of an assignee of creditor.

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opinion summary, case decided on March 28, 2007 , LexisNexis #0507-012