In Re Victorian Park Associates

AMENDED MEMORANDUM OPINION

RONALD BARLIANT, Bankruptcy Judge.

Introduction

This case presents an unusual problem involving the post-confirmation rights of parties to a chapter 11 plan of reorganization. The plan was confirmed, but never “substantially consummated.” The Debtor now wants to proceed to confirm a modified plan. The secured creditor, Patrician Mortgage Company, has, however, filed numerous objections to the modified plan. Patrician contends that three of its objections can be decided as a matter of law. Accordingly, Patrician filed a motion for summary judgment on the grounds that…