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IN RE BATAA/KIERLAND, LLC

No. 2:11-bk-05850-RJH.

476 B.R. 558 (2012)

In re BATAA/KIERLAND, LLC, Debtor.

United States Bankruptcy Court, D. Arizona.

September 4, 2012.

Attorney(s) appearing for the Case

John J. Hebert, Mark W. Roth, Mary B. Martin, Philip R. Rudd, Polsinelli Shughart, P.C., Phoenix, AZ, for Debtor.

AMENDED OPINION DENYING DESIGNATION OF VOTE

RANDOLPH J. HAINES, Bankruptcy Judge.

A secured creditor has moved to "designate," or disqualify, another secured creditor's acceptance of the plan of reorganization, pursuant to Bankruptcy Code § 1126(e),1 alleging that the acceptance was not in good faith. The Court denies the motion as untimely and moot and because there is no evidence the vote was cast out of malice, for any...

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