§ 702(a)

Pinnacle Reg'l Hosp., In re

Ruling: 
Bank was not disqualified from voting in election of Chapter 7 trustee as its claims were notdisputed and did not have an interest materially adverse to the other unsecured creditors.(Bankr. D. Kan.)
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Commercial case opionion summary, case decided on December 01,2020, LexisNexis #0121-037

Concepts Am., Inc., In re

Ruling: 
Creditor waived secured status as it filed the involuntary petition without disclosing itssecurity and filed a proxy to vote in the trustee election reserved for unsecured creditors.(Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on October 22,2020, LexisNexis #1220-042

In re Barkany

Ruling: 
Creditors group's fraudulent transfer claims did not create interest adverse to other creditors and the group was eligible to vote for the chapter 7 trustee.
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Consumer case opionion summary, case decided on December 29,2015, LexisNexis #0116-099

A & E 128 North Corp. v. DeGiacomo

Ruling: 
Bankruptcy court did not err in holding creditors ineligible to vote for chapter 7 trustee.
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Consumer case opionion summary, case decided on April 02,2015, LexisNexis #0415-130

In re TBR USA Inc.

This matter was before the court for a final decision concerning the disputed election of a chapter 7 Trustee.
Ruling: 
Interim trustee would serve as trustee in case where trustee was not properly elected at creditors' meeting.
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Commercial case opionion summary, case decided on January 07,2010, LexisNexis #0210-018

In re Amherst Techs. LLC

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.
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.
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