In Re Eddie Haggar Ltd., Inc.

MEMORANDUM OPINION

ROBERT McGUIRE, Chief Judge.

Trim-Pak, Inc. and The Richards Group, Inc. (collectively hereinafter called “moving creditors”) filed an emergency motion in the above proceeding to validate the election of a permanent trustee under Federal Rule of Bankruptcy Procedure (“Bankruptcy Rule”) 2003. Foothill Capital Corporation (“Foothill”) objected. To elect a trustee, creditors holding at least twenty percent - (20%) in amount of the type of claims referred to in 11 U.S.C. § 702(a) must both request an election and actually vote. The creditors who requested the election in this…