- 11 U.S.C.
Wellman v. Salt Creek Valley Bank (In re Wellman)
Jan
26
2006
Ruling
Dismissal of debtors'chapter 13 case was affirmed since a substantial deficit in plan payments showed the debtors had materially defaulted in performing under their plan's terms.
Procedural posture
Debtors appealed from the bankruptcy court's orders: (1) dismissing their chapter 13 case with prejudice; and (2) denying their motion to reconsider the order of dismissal. Appellee was a first lienholder on a parcel of unimproved land adjacent to debtors'residence.
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