Bankr. No.:
90-50001
Chapter:
12
Date of Decision:
June 27, 1990
Issue:
Whether the debtors may file a Chapter 12 petition to treat the same debts as were previously treated in the debtors' substantially consummated Chapter 11 plan?
Ruling:
The debtors may not file a Chapter 12 plan to treat debts that were also debts in the debtors' substantially consummated Chapter 11. Such would constitute an impermissible modification of the debtors' Chapter 11 plan under 11 U.S.C. ยง 1127(b).
Full Bankruptcy Court Decision:
Appeal Summary:
In In re Schuldies, 122 B.R. 100 (D.S.D. 1990), the district court remanded the case and instructed the bankruptcy court to examine the totality of the circumstances surrounding the successive Chapter 12 filing to determine whether the debtors had acted in good faith.
Full Bankruptcy Appellate Panel/District Court Appeal Opinion: