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IN RE VDG CHICKEN LLC

BAP No. NV-10-1278-HKiD, Bk. No. 09-32607.

In re: VDG CHICKEN, LLC, Debtor. 2010-1 CRE VENTURE, LLC, Successor-in-Interest to the Federal Deposit Insurance Corporation, Receiver for Community Bank of Nevada, Appellant, v. VDG CHICKEN, LLC; MRG-RC4, LLC; JOE MICATROTTA; UNITED STATES TRUSTEE, Appellee.

United States Bankruptcy Appellate Panel, Ninth Circuit.

April 11, 2011.

Attorney(s) appearing for the Case

John B. Marcin of Marcin Lambirth, LLP, argued for the Appellant; Lenard E. Schwartzer of Schwartzer & McPherson Law Firm argued for Appellee VDG Chicken, LLC.

Before: HOLLOWELL, KIRSCHER, and DUNN, Bankruptcy Judges.

NOT FOR PUBLICATION

MEMORANDUM1

Creditor 2010-1 CRE Venture, LLC, Successor-in-Interest to the Federal Deposit Insurance Corporation, Receiver for Community Bank of Nevada ("FDIC"), appeals the orders confirming the debtor's chapter 112 plan of reorganization and denying FDIC's motion for reconsideration. We AFFIRM.

I. FACTS

VDG Chicken, LLC ("Debtor") was formed on January...

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