Benford-Whiting Co. v. Robertson (In Re Robertson)

FINDINGS, CONCLUSIONS, AND ORDER REGARDING MOTION FOR DETERMINATION OF JURISDICTION AND FOR MODIFICATION OF PLAN

PATRICIA ANN CLARK, Bankruptcy Judge.

The matter before the Court is the Motion of The Benford-Whiting Company (Benford-Whiting) for Determination of Jurisdiction and for Modification of Plan of the Debtors, William Henry Robertson and Essie Dell Robertson. Benford-Whiting contends that the Debtors’ Chapter 13 Plan (Plan) provides for the curing of a default on an indebtedness which no longer existed at the time the Debtors filed their Chapter 13 petition. Debtors contend that they…