In Re Tartan Construction Co.

MEMORANDUM OPINION

DAVID L. CRAWFORD, Bankruptcy Judge.

This is a case of first impression involving the voting requirements for election of a trustee under Section 702 of the Bankruptcy Code. The first meeting of creditors was held on March 4, 1980. At that meeting some creditors attempted to request an election and elect a trustee. The election was disputed and, within the ten-day period prescribed by Interim Bankruptcy Rule 2003(d), a creditor applied to this Court for resolution of the dispute. 1

The matter was heard on April 18, 1980, and attorneys for the proposed trustee, the interim…