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Wiese v. Community Bank of Central Wis.

Wiese v. Community Bank of Central Wis.

Ruling
Bankruptcy court erred in ordering terms of chapter 12 plan to remain binding after voluntary dismissal.
Procedural posture

Appellant debtors appealed a decision of a Bankruptcy Court granting the debtors'motion for voluntary dismissal of their chapter 12 bankruptcy proceedings under 11 U.S.C. § 1208(b), but ordered under 11 U.S.C. § 349(b) that the terms of the confirmed plan should remain binding upon the parties notwithstanding the dismissal of the case.

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Consumer opinion summary, case decided on October 18, 2007 , LexisNexis #1107-055