Warren v. Young (In re Warren)
- Summarized by Mark Hudson , Schian Walker, PLC
- 10 years 9 months ago
- Citation:
- marked not for publication
- Tag(s):
-
- Ruling:
- In an unpublished opinion, the 9th Circuit B.A.P. affirmed the Bankruptcy Court's order dismissing for cause a reopened Chapter 11 case after the debtors failed to pay several creditors despite paying other creditors during the 4 plus years following plan confirmation. Bankruptcy Court found that cause to dismiss existed and dismissal was in best interest of creditors in part because it concluded that debtors did not intend to comply with the terms of their plan and BAP affirmed.
- Procedural context:
- Chapter 11 case reopened on the motion of a creditor (not a party to the appeal) asserting that it had not received payments under the confirmed plan despite holding an allowed claim. After case reopened, Appellees filed a motion to convert based on the same allegation of non-payment of allowed claim.
- Facts:
- Following confirmation of plan, debtors paid $1,000 per month for 52 months, on a pro rata basis, to some but not all creditors with allowed claims. The unpaidcreditors numbered sixteen.
- Judge(s):
- Pappas, Jury, Kurtz
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