Legal Opinion

Yarnall v. Erickson Partnership (In Re Erickson Partnership)

District Court, D. South Dakota

Decided March 11, 1988No. Civ. 87-4177, 87-4178PublishedCited by 31 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JOHN B. JONES, District Judge.

The United States Trustee and the standing Chapter 12 Trustee take this appeal from an order of the Bankruptcy Court dated August 27,1987, confirming debtors’ Chapter 12 plan of reorganization. Specifically, the trustees argue it was error for the lower court to confirm debtors’ plan because it allowed debtors to make direct payments to a secured creditor holding a modified claim, thereby avoiding the ten percent trustee fee assessed on payments made through the trustee.

FACTS

The facts leading up to the debtors’ filing of their Chapter…

2Cases cited15 opinions

  1. Wegner v. GrunewaldtCourt of Appeals for the Eighth Circuit · 1987
  2. In the Matter of John W. Foster, Jr. And Myrtha D. Foster, Debtors. John W. Foster, Jr., and Myrtha D. Foster v. William Heitkamp, TrusteeCourt of Appeals for the Fifth Circuit · 1982
  3. In Re RottUnited States Bankruptcy Court, D. North Dakota · 1987
  4. In Re CitrowskeUnited States Bankruptcy Court, D. Minnesota · 1987
  5. Dr. Bhartur N. Premachandra v. Dr. Murray G. MittsCourt of Appeals for the Eighth Circuit · 1985

10 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Matter of PianowskiUnited States Bankruptcy Court, W.D. Michigan · 1988
  2. Overholt v. Farm Credit Services (In Re Overholt)District Court, S.D. Ohio · 1990
  3. In Re RottUnited States Bankruptcy Court, D. North Dakota · 1988
  4. Matter of LogemannUnited States Bankruptcy Court, S.D. Iowa · 1988
  5. Matter of FinkbineUnited States Bankruptcy Court, S.D. Ohio · 1988

26 more not listed; retrieve them via the Exa API.

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