OCA creditor asks court to allow $3.2 million claim for voting purposes, disqualify Jefferies vote

By Jennifer Lanning Drey

Eugene, Ore., Aug. 29 - OCA, Inc. co-founder and creditor Bartholomew Palmisano asked the court to temporarily allow his $3.2 million claim for voting purposes related to the company's amended plan of reorganization, according to a Monday filing with the U.S. Bankruptcy Court for the Eastern District of Louisiana.

In addition, Palmisano asked the court in a separate motion filed Tuesday to disqualify a vote made by Jefferies & Co., Inc. on the grounds that it was not solicited or procured in good faith.

In the motion, Palmisano said OCA filed a stipulation within minutes of the voting deadline agreeing to temporarily allow Jefferies' disputed class 4 claim for voting purposes.

The timing "indicates an improper intent on the part of [OCA] to increase surreptitiously the size of class 4 in an effort to overcome Mr. Palmisano's vote of his class 4 claims to reject the plan," the motion said.

In a separate motion, Palmisano submitted his ballot on the claim prior to the Aug. 28 deadline. However, the unsecured creditors committee filed an objection to the claim on Aug. 28, which Palmisano believes was done to change the results of voting on the plan.

Counsel for the unsecured creditors committee previously indicated that even a $300,000 claim, also held by Palmisano, could sway the voting class, according to Palmisano's motion.

OCA, a Metairie, La., provider of business services to orthodontic and dental practices, filed for bankruptcy on March 14. The Chapter 11 case number is 06-10179.

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