Wells Fargo Bank Northwest, N.A. v. Yett (In Re Yett)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
BRANDT, Bankruptcy Judge.
Can chapter 12 2 debtors confirm a “cramdown” plan over the objection of the holder of two secured promissory notes which had matured prepetition, although the plan neither cures the defaults nor pays interest at the default rate? The creditor objected but did not proffer evidence. The bankruptcy court confirmed the plan. This timely appeal followed.
I. FACTS
Debtors Danny and Frances Yett operate a family dairy farm in Idaho. They filed a chapter 12 petition on 18 September 2002. Wells Fargo Bank Northwest, N.A., is the holder of a $439,244.01 secured claim,…
2Cases cited17 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Rake v. WadeSupreme Court of the United States · 1993
- General Motors Acceptance Corporation v. Alphonso Jones, Debtor, Robert M. Wood, TrusteeCourt of Appeals for the Third Circuit · 1993
- In Re Entz-White Lumber And Supply, Inc.Court of Appeals for the Ninth Circuit · 1988
- In Re Andrew Staffer, Debtor, Andrew Staffer v. Robert PredovichCourt of Appeals for the Ninth Circuit · 2002
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- Credit Suisse AG v. Teufel Nursery, Inc.Idaho Supreme Court · 2014
- In Re Seasons Partners, LLCUnited States Bankruptcy Court, D. Arizona · 2010
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