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IN RE NIGG

Bankruptcy Nos. 185-00023, 485-00069.

63 B.R. 630 (1986)

In re Michael Laverne NIGG and Phyllis Catherine Nigg, d/b/a Grain Farmers, Debtors. In re Nathanael John SCHULTZ and Delores Lovella Schultz, d/b/a Farmers/Ranchers, Debtors.

United States Bankruptcy Court, D. South Dakota.

August 7, 1986.

Attorney(s) appearing for the Case

J. Bruce Blake, Sioux Falls, S.D., for The Northeast South Dakota Production Credit Ass'n, Plan Proponent in the Nigg Case, and The Mitchell-Huron Production Credit Ass'n, Plan Proponent in the Schultz Case.

Andrew J. Schmid, Minneapolis, Minn., for U.S. Trustee William P. Westphal, Sr.

William J. Pfeiffer, Aberdeen, S.D., for debtors Michael LaVerne Nigg and Phyllis Catherine Nigg.

Wesley D. Schmidt, Sioux Falls, S.D., for debtors Nathanael John Schultz and Delores Lovella Schultz.

MEMORANDUM DECISION

PEDER K. ECKER, Bankruptcy Judge.

These cases have been consolidated for the purpose of resolving a single issue: Whether a creditor's liquidating plan must be administered by a liquidating agent designated by the creditor/proponent of the plan or may be administered by a trustee appointed pursuant to the provisions of the Code by the United States Trustee.

The United States Trustee's position is that a liquidation plan proposed...

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