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IN RE DERBY DEVELOPMENT CORP.

Case No. 10-50259.

In re: Derby Development Corp., Chapter 11, Debtor.

United States Bankruptcy Court, D. Connecticut, Bridgeport Division.

June 27, 2012.

Attorney(s) appearing for the Case

Peter L. Ressler, Esq. , Groob Ressler & Mulqueen, 123 York Avenue, Suite 1B, New Haven, CT, For the Debtor.

Patrick M. Birney, Esq. , Martin A. Onorato, Esq. , Robinson & Cole, LLP, Hartford, CT, For Community Preservation Corporation.

Nicole L. Micklich, Esq. , Garcia & Milas, New haven, CT, For Mario Paniccia.

Anthony J. LaBella, Esq. , For Viking Acquisitions, LLC, Bishop, Jackson & Kelly, LLC, Milford, CT, For Viking Acquisition, LLC.

MEMORANDUM OF DECISION AND ORDER ON CREDITOR CPC'S § 1126(E) MOTION

ALEN H.S. SHIFF, Bankruptcy Judge.

Introduction

Secured creditor Community Preservation Corporation ("CPC") moves to have the vote of Viking Acquisition, LLC ("Viking") disregarded in the voting on the Debtor's Amended Chapter 11 Plan (hereafter, the "§ 1126(e) Motion"; see ECF No. 102). Mario Paniccia ("Mario"), the original holder of the Class 2 Claim, objects...

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