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IN RE MELROY

CV F 80-218-MDC, CV F 80-217-EDP.

7 B.R. 513 (1980)

In re Edward Thomas MELROY. UNITED STATES of America, Plaintiff-Appellant, v. Edward Thomas MELROY, Defendant-Appellant. In re Vernell Lee ANDERSON and Susan Anderson. UNITED STATES of America, Plaintiff-Appellant, v. Vernell Lee ANDERSON and Susan Anderson, Defendant-Appellee.

United States District Court, E.D. California.

December 11, 1980.

Attorney(s) appearing for the Case

Kristin M. Sudhoff, John Macias, Asst. U.S. Attys., William B. Shubb, U.S. Atty., Sacramento, Cal., for plaintiff-appellant.

Robert S. Williams, Williams & Williams, Bakersfield, Cal., for defendants-appellants.

J. Roderick Jarrett, Chapter XIII Trustee, Fresno, Cal., amicus curiae.

MEMORANDUM DECISION

PRICE, District Judge.

These cases present a predominant common issue, and are thus consolidated by the court's own motion for purposes of this appeal. The common issue is: Did the bankruptcy court err in confirming the proposed Chapter 13 plans of the respective debtors when each of the plans made no provision for the payment of any portion of the debts owed to unsecured creditors?

It...

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