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ALBAUGH v. TERRELL

No. 87-CV-10277-BC, Bankruptcy No. 87-09087.

93 B.R. 115 (1988)

Eugene ALBAUGH, Appellant-Creditor, v. William Douglas TERRELL and Tammy Lynn Terrell, Appellants-Debtors.

United States District Court, E.D. Michigan, N.D.

November 15, 1988.

Attorney(s) appearing for the Case

Peter S. Shek, Saginaw, Mich., for plaintiff-creditor Eugene Albaugh.

Ralph I. Selby, Baker and Selby, Bay City, Mich., for defendants-debtors William Douglas Terrell and Tammy Lynn Terrell.

J. Christopher Kohn, Tracy J. Whitaker, Torrence R. Thomas, Jr., Attys., Civ. Div., Dept. of Justice, Washington, D.C., for intervening party — U.S. Dept. of Justice.

MEMORANDUM OPINION

CHURCHILL, District Judge.

In this appeal from a United States Bankruptcy Court proceeding, Creditor Eugene Albaugh has challenged the confirmation of the debtors' first amended Chapter 12 plan by contending that 11 U.S.C. § 1225(a)(5) violates the Fifth Amendment. Because the Court finds § 1225(a)(5) to be constitutionally sound, the Court shall uphold United States Bankruptcy Judge...

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