IN RE COOK

Bankruptcy No. 82-00018RL, Civ. No. 82-774-JB.

26 B.R. 187 (1982)

In re John Glenn COOK and Thelma Marion Cook. WORTHEN BANK & TRUST COMPANY, N.A., Plaintiff/Appellee, v. John Glenn COOK, Thelma Cook, and Gary B. Ottinger, Defendants/Appellants.

United States District Court, D. New Mexico.

December 22, 1982.


Attorney(s) appearing for the Case

Keleher & McLeod, Michael Wile, Albuquerque, N.M., Isaac A. Scott, Jr., Little Rock, Ark., for plaintiff-appellee.

Peter M. Hebard, Alamogordo, N.M., Gary B. Ottinger, Albuquerque, N.M., for defendants-appellants.


MEMORANDUM OPINION

BURCIAGA, District Judge.

THIS MATTER comes before the Court on appeal from the Bankruptcy Court for this district. At issue is the Bankruptcy Court's denial of confirmation of the debtors' Chapter 13 plan which classifies unsecured creditors on the basis of whether there are co-obligors on the debt.

The Cooks, debtors-appellants, filed a petition for relief under Chapter 13 of the United States Bankruptcy Code on January 11, 1982...

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