IN RE GREEN

Bankruptcy App. Panel No. OR-86-1168-MeEAs, Bankruptcy No. 385-01707.

64 B.R. 530 (1986)

In re Gary Walter Randolph GREEN, dba A-1 Used Tires; Jenell Louise Green, dba Moreland House Antiques, Debtors. Linda SIEVERS, Appellant, v. Gary Walter Randolph GREEN, dba A-1 Used Tires; Jenell Louise Green, dba Moreland House Antiques, Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided August 14, 1986.


Attorney(s) appearing for the Case

Warner E. Allen, Dennis P. Brookshire, Warren & Allen, Portland, Or., for appellant.

Magar E. Magar, Portland, Or., for appellees.

Before MEYERS, ELLIOTT and ASHLAND, Bankruptcy Judges.


MEYERS, Bankruptcy Judge:

This appeal raises the question of whether a trial court is required, as a matter of law, to dismiss a Chapter 13 case after the Debtors defaulted on scheduled payments. We conclude that no such requirement exists and AFFIRM.

Linda Sievers entered into a land sale contract with Gary Walter Randolph Green and Jenelle L. Green ("Debtors"), wherein Sievers was to receive $102,000 payable in monthly installments. After the Debtors fell...

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