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IN RE EAGLE CREEK SUBDIVISION, LLC

Nos. 08-04292-8-JRL, 08-04293-8-JRL, 08-04294-8-JRL, 08-04295-8-JRL, 08-04296-8-JRL, 08-06502-8-JRL, 08-06503-8-JRL, 08-06504-8-JRL, 08-06506-8-JRL, 08-06507-8-JRL, 08-06508-8-JRL, 08-06509-8-JRL, 08-07020-8-JRL, 08-07026-8-JRL, 08-07170-8-JRL.

407 B.R. 206 (2009)

In re EAGLE CREEK SUBDIVISION, LLC, Eagles Trace, LLC, Aumond Glen, LLC, Back Creek Farms Subdivision, LLC, Saddlebrook Subdivision, LLC, The Heights Subdivision, LLC, Kelsey Glen, LLC, The Rapids at Belmeade, LLC, Water Mill, LLC, Chandler Oaks, LLC, Myers Mill, LLC, River Chase Subdivision, LLC, The Village At Windsor Creek, LLC, Lismore Park, LLC, Old Towne, LLC, Debtors.

United States Bankruptcy Court, E.D. North Carolina.

November 26, 2008.

Attorney(s) appearing for the Case

Stubbs & Perdue, P.A., New Bern, NC, Laurie B. Biggs, Stubbs & Perdue, PA, Raleigh, NC, Trawick H. Stubbs, Jr., Stubbs & Perdue, P.A., New Bern, NC, for Debtors.

ORDER

J. RICH LEONARD, Bankruptcy Judge.

This case is before the court on the motion to substantively consolidate the debtors' cases filed by the committee of holders of junior deeds of trust and owners of tenancy-in-common interests. On November 10, 2008, the court conducted a hearing on this matter in Raleigh, North Carolina. This opinion provides the rationale for the oral ruling at the conclusion of the hearing denying the motion.

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