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IN RE LOOP 76, LLC

No. 2:09-BK-16799-RJH.

442 B.R. 713 (2010)

In re LOOP 76, LLC, an Arizona limited liability company, Debtor.

United States Bankruptcy Court, D. Arizona.

November 22, 2010.

Attorney(s) appearing for the Case

Arturo A. Thompson , Polsinelli Shughart P.C., Cody J. Jess , Dale C. Schian , Schian Walker, PLC, Phoenix, AZ, for Debtor.

OPINION DENYING CLASSIFICATION OBJECTION

RANDOLPH J. HAINES, Bankruptcy Judge.

The secured creditor has objected that the Debtor's pending plan of reorganization violates § 11221 by classifying the creditor's guaranteed deficiency claim separately from the unguaranteed trade vendor claims. Based on the language, structure and purpose of § 1122, interpreted in light of the history under the Act, Ninth Circuit case law...

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