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IN RE VITA CORP.

No. 06-80111.

358 B.R. 749 (2007)

In re VITA CORP. a/k/a Vita Corporation, Debtor.

United States Bankruptcy Court, C.D. Illinois.

January 11, 2007.

Attorney(s) appearing for the Case

Gary T. Rafool, Peoria, IL, Attorney for Debtor.

Sabrina M. Petesch, Peoria, IL, Attorney for Defendant, U.S. Trustee.

OPINION

THOMAS L. PERKINS, Chief Judge.

In this Opinion, the Court joins a clear majority of courts in holding that an impaired class that fails to vote to reject a Chapter 11 plan is not deemed to have accepted the plan.

The Debtor, VITA CORP. (DEBTOR), operates an Old Chicago restaurant franchise in Peoria, Illinois. It filed a voluntary petition under Chapter 11 on January 25, 2006 and continues to operate its business as debtor in possession...

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