Delco Development Co. v. Kuempel Co. (In Re Kuempel Co.)

BURTON PERLMAN, Bankruptcy Judge.

The Chapter 11 plan of reorganization of defendant-debtor in this case was confirmed by Order of this Court on January 22,1981. Plaintiff, a creditor of defendant, which had previously filed an Objection To Confirmation of the plan, orally withdrew the objection at the hearing on confirmation held on January 9, 1981. Plaintiff’s withdrawal of the objection was on the condition that it be without prejudice to its right to raise the question of the dischargeability of its debt. The above-captioned adversary proceeding was then commenced by the filing of a…