United Western Bancorp Inc (fka UWBKQ)

[iPrelude]

something similar to this, may happen in the UWBKQ case:



ARTICLE III
ACCEPTANCE OR REJECTION OF THE PLAN
3.1 Impaired Classes of Claims Entitled to Vote
Only the Holders of Allowed Class 2 Claims are entitled to vote to accept or reject this
Joint Plan.
3.2 Acceptance by an Impaired Class
In accordance with section 1126(c) of the Bankruptcy Code and except as provided in
section 1126(e) of the Bankruptcy Code, an impaired Class of Claims shall have accepted this
Joint Plan if this Joint Plan is accepted by the Holders of at least two-thirds in dollar amount and
more than one-half in number of Allowed Claims of such Class that have timely and properly
voted to accept or reject this Joint Plan. Because Class 2 is Impaired, the votes of Holders of
Claims in Class 2 that are not Disputed Claims will be solicited.

3.3 Presumed Acceptances by Unimpaired Classes
Allowed Other Priority Claims are not impaired by this Joint Plan. Under section 1126(f)
of the Bankruptcy Code, Holders of such Claims are conclusively presumed to have accepted
this Joint Plan, and the votes of the Holders of such Claims will not be solicited.
3.4 Classes Deemed to Reject this Plan
Subject to the provisions of Section 2.4 of this Joint Plan, Holders of Class 3
Intercompany Claims and Holders of Class 4 Interests are not entitled to receive any distribution
under this Joint Plan. Pursuant to section 1126(g) of the Bankruptcy Code, Holders of Class 3
Intercompany Claims and Class 4 Interests are conclusively deemed to have rejected this Joint
Plan and the votes of these Holders therefore will not be solicited.
3.5 Claims Subject to Section 502(d) of the Bankruptcy Code
Pursuant to section 502(d) of the Bankruptcy Code, a Claim shall be disallowed if it is
held by a Holder from which property is recoverable under section 542, 543, 550, or 553 of the
Bankruptcy Code or that is a transferee of a transfer avoidable under section 522(f), 522(h), 544,
545, 547, 548, 549, or 724(a) of the Bankruptcy Code, unless such Holder has paid the amount,
or turned over any such property, for which such Holder is liable under section 522(i), 542, 543,
550, or 553 of the Bankruptcy Code. Therefore, any Holder that is subject to section 502(d) shall
have its Claim(s) deemed Disputed Claim(s) and shall not be entitled to vote to accept or reject
the Joint Plan.


{ please see : http://www.kccllc.net/qslcc/document/1052722160922000000000001
}