In Re Union County Wholesale Tobacco & Candy Co.

D. JOSEPH DE VITO, Bankruptcy Judge.

The issue here arises in the context of the Chapter 11 proceedings initiated by each of the above debtors. Though the above proceedings have not been consolidated, because of the commonality of fact and issue, this Opinion applies to each proceeding.

Each debtor filed an identical plan of arrangement for orderly liquidation pursuant to 11 U.S.C. § 1123[b][4], leaving unimpaired the claims of First Eastern Bank, N.A., the alleged holder of a perfected se curity interest and sole member of that unimpaired class. All other classes of creditors classified in the…