Interstate Finance Corporation v. J. T. Scrogham

SHACKELFORD MILLER, Jr., Circuit Judge

(dissenting).

As pointed out by the majority opinion, the fundamental issue in this case is whether the order of confirmation was properly granted. If properly granted, the plan and its provisions are binding upon the debtor and upon all creditors of the debtor, whether or not they have accepted the plan or have filed their claims. Sec. 1057, Title 11 U.S.Code. If appellant is to be treated as a secured creditor whose acceptance of the plan is necessary in order for it to be confirmed, the plan was not properly confirmed, is not binding on the appellant,…