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§ 1227

Welling, In re

Ruling
Debtor's sale motion granted as it would enable the debtor to pay one of the creditor's twoclaims in full earlier than anticipated by the plan and enable the debtor to partially cure itspayment default. (Bankr. S.D. W. Va.)
Issue(s)
Effect of Confirmation.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 21, 2023 , LexisNexis #0124-070

Welling, In re

Ruling
Debtor's sale motion granted as it would enable the debtor to pay one of the creditor's twoclaims in full earlier than anticipated by the plan and enable the debtor to partially cure itspayment default. (Bankr. S.D. W. Va.)
Issue(s)
Effect of Confirmation.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 21, 2023 , LexisNexis #0124-070

In re Legassick

Ruling
Sanctions against IRS for retaining funds to set off debtor's obligations from sale of farming assets denied.
Issue(s)
Should the IRS be sanctioned for retaining debtors' postpetition tax refund, allegedly violating the confirmation order?

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Consumer opinion summary, case decided on April 13, 2015 , LexisNexis #0515-028

In re Benbrook

Ruling
Debtor's objection to amount of creditor's proof of claim was barred by confirmation of plan three years earlier.
Issue(s)
Could debtor object to creditor's proof of claim three years after confirmation of a chapter 12 plan?

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Consumer opinion summary, case decided on February 10, 2015 , LexisNexis #0315-060

In re Smith

Ruling
Creditors not entitled to an order requiring the chapter 12 debtors to use proceeds of sale of land to pay debts that were not secured by the land.
Issue(s)
What was the proper distribution of excess proceeds of sale of chapter 12 debtors' non-exempt property and could it be used to pay unsecured creditors?

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Consumer opinion summary, case decided on August 06, 2014 , LexisNexis #0914-029

In re Dawes

Ruling
Plan could not be confirmed due to effective date that was two and one-half years before it was filed.
Procedural posture

Debtors filed a third amended chapter 12 plan and sought confirmation. The United States objected because the plan included an effective date that was approximately two and one- half years before the plan was filed.

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Consumer opinion summary, case decided on February 10, 2010 , LexisNexis #0410-134