In Re Tong Seng Vue
United States Bankruptcy Court, D. Oregon
1Opinion of the Court
MEMORANDUM OPINION
FRANK R. ALLEY, III, Bankruptcy Judge.
The Debtors seek to confirm a modified plan of reorganization pursuant to 11 U.S.C. § 1329 1 The new plan contemplates an early payoff of claims required to be paid under the original plan, using the proceeds (or some of them) from a refinance of Debtors’ real property financing. The Trustee objects, arguing that the debtors are required as a matter of law to continue making plan payments for at least 36 months. Moreover, the Debtors’ new plan is not, the Trustee asserts, made in good faith.
The threshold issue has previously been…
2Cases cited15 opinions
- In Re Windmill Farms, Inc., Debtor. Vanderpark Properties, Inc. v. David L. Buchbinder, Trustee of Windmill Farms Management Company, Inc.Court of Appeals for the Ninth Circuit · 1988
- Sunahara v. Burchard (In Re Sunahara)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
- First of America Bank v. Gaylor (In Re Gaylor)United States Bankruptcy Court, E.D. Michigan · 1991
- In Re Windmill Farms, Inc.United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
- Credit Alliance Corp. v. Boies (In Re Crook)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
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- In Re WenzelUnited States Bankruptcy Court, D. Kansas · 2009
- In re TuckerUnited States Bankruptcy Court, D. Oregon · 2012
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