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In re Orange County Nursery, Inc., 12/20/16
April 20, 2017

The court found and concluded that a ratable redistribution formula would provide to the Minority Voting Trust (MVT) what it held in the predetermined value of its claim. Because the residual value of the debtor was substantially less than the value of equity on the petition date, the result could be that MVT was no longer the minority and all other shareholders would slip in percentage. The court issued a decision on how a subordinated claim should be treated in the plan and what modifications, if any, needed to be made to the plan to accomplish that treatment.