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IN THE MATTER OF ARROWHEAD

No. CV11-0004-PHX-DGC, BK No. 2:10-bk-20370 EWH.

IN THE MATTER OF Double G Arrowhead Orchards Limited Partnership, Debtor. VCC Healthcare Fund, LLC, Appellant, v. Double G Arrowhead Orchards Limited Partnership, Appellee.

United States District Court, D. Arizona.

July 20, 2011.

ORDER

DAVID G. CAMPBELL, District Judge.

This is an appeal from the December 13, 2010 order of the Bankruptcy Court denying one of Appellant's claims as an unenforceable penalty (Doc. 9 at 15-16). The matter has been fully briefed (Doc. 8, 10, 12), and the parties do not request oral argument. For reasons that follow, the Court will vacate the judgment below and remand for further proceedings.

A. Background.

The key facts relied on by both...

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