Legal Opinion
In re Bataa/Kierland LLC
United States Bankruptcy Court, D. Arizona
Decided September 4, 2012No. 2:11-bk-05850PublishedCited by 1 opinion
1Opinion of the Court
AMENDED OPINION DENYING DESIGNATION OF VOTE
RANDOLPH J. HAINES, Bankruptcy Judge.
A secured creditor has moved to “designate,” or disqualify, another secured creditor’s acceptance of the plan of reorganization, pursuant to Bankruptcy Code § 1126(e),1 alleging that the acceptance was not in good faith. The Court denies the motion as untimely and moot and because there is no evidence the vote was cast out of malice, for any improper purpose, or for any reason other than enlightened self-interest consistent with both the voter’s and the plan proponent’s capacities in the bankruptcy case.
Factual…
2Cases cited35 opinions
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- Young v. Higbee Co.Supreme Court of the United States · 1945
- In the Matter of Madison Hotel Associates, D/B/A the Concourse Hotel, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1984
- In the Matter of Greystone III Joint Venture, Debtor. Phoenix Mutual Life Insurance Company v. Greystone III Joint VentureCourt of Appeals for the Fifth Circuit · 1992
- American United Mutual Life Insurance v. City of Avon ParkSupreme Court of the United States · 1940
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3Cited by1 opinion
- In re Marble Cliff Crossing Apartments, LLCUnited States Bankruptcy Court, S.D. Ohio · 2013