IN RE THOBURN LIMITED PARTNERSHIP

Case Nos. 12-11243-RGM, 11-15340-RGM

In re: THOBURN LIMITED PARTNERSHIP, JOHN M. THOBURN, HUNTER MILL EAST, L.L.C. and HUNTER MILL WEST, L.C., Chapter 11, Debtors. In re: BDC CAPITAL, INC., Chapter 11, Debtor.

United States Bankruptcy Court, E.D. Virginia, Alexandria Division.

August 1, 2013.


MEMORANDUM OPINION

ROBERT G. MAYER, Bankruptcy Judge.

The question presented in these chapter 11 cases is who may vote on a chapter 11 plan and make an §1111(b) election: the creditor or the bank with a security interest in the creditor's claim.

The Parties and The Debt Structure

Thoburn Limited Partnership, Hunter Mill East, L.L.C. and Hunter Mill West, L.C. (the "Thoburn Entities"),

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