Legal Opinion

In Re Ted Wiest & Sons Inc.

United States Bankruptcy Court, D. Montana

Decided February 18, 2011No. 19-60256PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OF DECISION

RALPH B. KIRSCHER, Bankruptcy Judge.

In these consolidated Chapter 12 cases the Trustee James D. Yolk filed on January 14, 2011, a Motion (Docket No. 147) to modify the Debtors’ confirmed Plan pursuant to 11 U.S.C. § 1229, seeking to require payment to unsecured creditors in all three cases 1 . Debtors filed an objection on the grounds that the confirmed Plan is res judicata and binds the Trustee and other parties under § 1227(a), because the Plan’s omission of payments to unsecured creditors was set out in the Plan and spreadsheets attached thereto. After review of the…

2Cases cited4 opinions

  1. In Re Juan O. Plata, in Re Catalina Plata, Debtors. Peter H. Arkison, Trustee v. Juan O. Plata, Catalina PlataCourt of Appeals for the Ninth Circuit · 1992
  2. In Re RoesnerUnited States Bankruptcy Court, D. Kansas · 1993
  3. Coleman v. Farm Credit Bank of Spokane (In Re Coleman)United States Bankruptcy Court, D. Montana · 1989
  4. In Re OgleUnited States Bankruptcy Court, D. Idaho · 2001

3Cited by1 opinion

  1. Camille Hope v. Acorn Financial Inc.Court of Appeals for the Eleventh Circuit · 2013

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