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IN RE RICH CAPITOL, LLC

Bankruptcy No. 09-25422-EPK. Adversary No. 09-01965-EPK.

436 B.R. 224 (2010)

In re RICH CAPITOL, LLC d/b/a Capital Walk Apartments, Debtor. Rich Capitol, LLC d/b/a Capital Walk Apartments, Plaintiff, v. Wachovia Bank, N.A., Defendant.

United States Bankruptcy Court, S.D. Florida, West Palm Beach Division.

September 15, 2010.

Attorney(s) appearing for the Case

Heather L. Harmon, Esq., Miami, FL, for Plaintiff.

Heather L. Ries, Esq., Michael R. Bakst, Esq., West Palm Beach, FL, for Defendant.

ORDER GRANTING DEFENDANT, WACHOVIA BANK, N.A.'S MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF, RICH CAPITOL, LLC [DE 54]

ERIK P. KIMBALL, Bankruptcy Judge.

In its Verified Complaint for Equitable Subordination (the "Complaint") [DE 1], Plaintiff, Rich Capitol, LLC (the "Debtor") seeks judgment against Wachovia Bank, N.A. ("Wachovia") pursuant to 11 U.S.C. § 510(c), equitably subordinating Wachovia's claims to the claims of general unsecured...

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