Bankr. No.:
87-50250
Chapter:
12
Date of Decision:
May 21, 1993
Issue:
Whether written confirmation order that was entered two months after confirmation hearing and that confirmed a plan which was modified after the confirmation hearing without notice to creditors took precedence over the oral confirmation order where no party timely appealed the written confirmation order or otherwise sought to attack it?
Ruling:
Oral confirmation order took precedence over written confirmation order where several procedural errors occurred prior to the entry of the written order, where the written order varied plan terms recognized by the oral order, and where the evidence did not support the conclusion that an interested creditor had consented to the treatment of its claim other than as stated in the oral confirmation order and the debtors' original plan. Court ordered the reformation of the written confirmation sua sponte under Fed.R.Civ.P. 60(a).
Full Bankruptcy Court Decision:
Appeal Summary:
The district court affirmed the bankruptcy court’s decision.
District Court opinion no longer available.