Legal Opinion

In the Matter of Franklin William Schraer and Gertrude Gwendolyn Schraer, Debtors. Franklin William Schraer v. G. A. C. Finance Corporation

Court of Appeals for the Sixth Circuit

Decided March 27, 1969No. 18601_1PublishedCited by 8 opinions

1Opinion of the Court

PECK, Circuit Judge.

Appellants have appealed to this Court from a judgment of the District Court which affirmed an order of a referee in bankruptcy. Appellants had filed a Wage Earner Plan in the bankruptcy court under the provisions of Chapter 13 of the Bankruptcy Act (11 U.S.C. § 1001 et seq.). That plan contained the following provision:

“If creditor accepts this plan, as long as the plan it not in default, creditor agrees not to also collect payments on the listed debt from co-signers, comakers or guarantors.”

The debtors’ creditors were duly notified of the fact that the proposed Wage…

2Cases cited4 opinions

  1. United States Ex Rel. Chemetron Corp. v. George A. Fuller Co.District Court, D. Montana · 1966
  2. Westinghouse Electric & Manufacturing Co. v. Fidelity & Deposit Co.Massachusetts Supreme Judicial Court · 1925
  3. In Re LancasterDistrict Court, W.D. Missouri · 1941
  4. Heckman v. National Bank of WashingtonDistrict of Columbia Court of Appeals · 1964

3Cited by8 opinions

  1. In Re BonannoUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
  2. Household Finance Corp. v. Weaver (In Re Weaver)United States Bankruptcy Court, S.D. Ohio · 1981
  3. City Loan & Savings Co. v. Betts (In Re Betts)United States Bankruptcy Court, S.D. Ohio · 1981
  4. In Re HarrisUnited States Bankruptcy Court, E.D. Tennessee · 1982
  5. In Re ShelorDistrict Court, W.D. Virginia · 1975

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