Bankr. No.:
91-40509
Chapter:
12
Date of Decision:
January 27, 1998
Issue:
Whether case should be reopened to allow a secured creditor to move to dismiss the case because Debtors had not made post-plan payments?
Ruling:
Motion was denied. There was no relief that the Court could grant the creditor if the case were reopened. Creditor could not move to modify, discharge of unsecured claims could not be revoked, and dismissal of the case would not void the confirmation order or the discharge of unsecured debts. Secured debt was not discharged and creditor could enforce that claim outside bankruptcy.
Full Bankruptcy Court Decision:
