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In re Novotny Brothers, Inc.

Bankr. No.: 
96-30016
Chapter: 
12
Date of Decision: 
January 21, 2003
Issue: 
Whether the Chapter 12 case should be dismissed for Debtor’s failure to include a creditor in its plan?
Ruling: 
Dismissal was denied. The claim held by the creditor that was not included in the plan would not be discharged and the creditor could use its non-bankruptcy law remedies to collect its pre-petition claim once the automatic stay was no longer in place. Further, all plan payments had been completed and the plan could no longer be modified to include the creditor’s claim.
Full Bankruptcy Court Decision: