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Wiest v. Get Er Done Wiest LLC (In re Ted Wiest & Sons)

Wiest v. Get Er Done Wiest LLC (In re Ted Wiest & Sons)

Ruling
Trustee who did not object to omission of 16 unsecured creditors at confirmation of plan could not seek modification.
Procedural posture

Debtors filed separate petitions under Chapter 12 of the Bankruptcy Code, and the court issued orders which consolidated all three cases and confirmed a plan the debtors proposed for repaying their creditors. A trustee who was appointed to administer the consolidated cases filed a motion pursuant to 11 U.S.C.S. § 1229(a) to modify the debtors' plan. The debtors opposed the trustee's motion.

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Commercial opinion summary, case decided on February 18, 2011 , LexisNexis #0311-134