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§ 702(a)(2)

A & E 128 North Corp. v. DeGiacomo

Ruling
Bankruptcy court did not err in holding creditors ineligible to vote for chapter 7 trustee.
Issue(s)
Did bankruptcy court err in ruling that two creditors were not eligible to vote for the election of the chapter 7 trustee?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 02, 2015 , LexisNexis #0415-130

In re Amherst Techs. LLC

Ruling
Court ruled that the interim trustee had offered sufficient proof that the creditor had an interest materially adverse to the other unsecured creditors and thus was not qualified to request an election and vote for a permanent trustee.
Procedural posture

In a core proceeding of 11 jointly administered chapter 7 cases, movant, a newly elected chapter 7 trustee, brought a preliminary objection to resolve a disputed election pursuant to Fed. R. Bankr. P. 2003(d)(2). The U.S. trustee filed a report of the disputed chapter 7 election. The court held a preliminary status meeting and a final hearing to resolve the disputed election.

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opinion summary, case decided on January 05, 2006 , LexisNexis #0306-029