In re Erickson Ret. Cmtys. LLC
Mar
05
2010
Ruling
Motion for appointement of examiner denied for lack of standing.
Procedural posture
Debtors, various LLCs and other entities, filed petitions under chapter 11 of the Bankruptcy Code, and the court ordered joint administration of the debtors' bankruptcy estates. Creditors that held subordinated debt against several of the debtors, filed a motion for an order appointing an examiner pursuant to 11 U.S.C.S. § 1104. The motion was opposed, inter alia, by a bank that was the agent for senior secured lenders.
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Court
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