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IN RE WINDMILL DURANGO OFFICE, LLC

BAP Nos. NV-11-1728-DKiPa, NV-11-1737-DKiPa. Bankruptcy No. 10-25594-lbr.

481 B.R. 51 (2012)

In re WINDMILL DURANGO OFFICE, LLC, Debtor. Beal Bank USA, Appellant, v. Windmill Durango Office, LLC; United States Trustee; DP Air Corporation, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided June 27, 2012.

Order Published July 6, 2012.

Attorney(s) appearing for the Case

Jeffrey R. Sylvester of Sylvester & Polednak, Ltd., Las Vegas, NV, argued for Appellant Beal Bank USA. Shara Larson of Marquis Aurbach Coffing, argued for Appellee Windmill Durango Office, LLC.

Before: DUNN, KIRSCHER and PAPPAS, Bankruptcy Judges.

OPINION

DUNN, Bankruptcy Judge.

Beal Bank USA ("Beal Bank") appeals two of the bankruptcy court's orders concerning the chapter 11 plan of the debtor, Windmill Durango Office, LLC.1 Specifically, Beal Bank appeals the bankruptcy court's order ("ballot order") denying its motion to permit it to change a ballot accepting the debtor's chapter 11 plan ("ballot motion").2 Beal Bank also appeals the bankruptcy...

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