MATTER OF KOERPERICH

Bankruptcy No. 80-317.

5 B.R. 752 (1980)

In the Matter of Philip Eugene KOERPERICH, Debtor. BENKELMAN COOPERATIVE EQUITY EXCHANGE and Clinton J. Livingston, Plaintiffs, v. Philip Eugene KOERPERICH, Having Done Business as McCook Livestock Services, Inc., and L & K Trucking, Defendants.

United States Bankruptcy Court, D. Nebraska.

September 8, 1980.


Attorney(s) appearing for the Case

Daylene Bennett, McCook, Neb., and Michael G. Helms, Omaha, Neb., for plaintiffs.

John D. Sykora, Omaha, Neb., for defendants.


MEMORANDUM OPINION

DAVID L. CRAWFORD, Bankruptcy Judge.

Plaintiffs object to the confirmation of defendant's Chapter 13 Plan. The plan proposes to make no payments to unsecured creditors. Plaintiffs are the only unsecured creditors, and they hold claims scheduled at $41,468.48. These claims were held to be nondischargeable debts in a bankruptcy proceeding under the Old Act by a default judgment. Appeal of a denial of a motion to set aside the default judgment...

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