In re River Canyon Real Estate Investments, LLC

Chapter 11

ORDER INVALIDATING UNITED’S § 1111(b) ELECTION

Elizabeth E. Brown, Bankruptcy Judge

THIS MATTER comes before the Court on the Debtor’s Objection to the Section *5271111(b) Election, filed by United Water & Sanitation District (“United”). At issue is whether only one member of a two-member class of secured creditors, with hens of equal priority on the same collateral, may validly make an election.

I. BACKGROUND

The Debtor is the developer of property known as Ravenna and the Golf Club at Ravenna, located in the southwest Denver metropolitan area, which includes a gated community with 248…