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IN RE ERICKSON PARTNERSHIP

Nos. Civ. 87-4177, 87-4178.

83 B.R. 725 (1988)

In re ERICKSON PARTNERSHIP, Ronald and Lonna Erickson, Debtors. Rick A. YARNALL, Chapter 12 Trustee, Appellant, v. ERICKSON PARTNERSHIP, Ronald Erickson and Lonna L. Erickson, Appellees. The United States Trustee, William P. WESTPHAL, Appellant, v. ERICKSON PARTNERSHIP, Ronald Erickson and Lonna L. Erickson, Appellees.

United States District Court, D. South Dakota, S.D.

March 11, 1988.

Attorney(s) appearing for the Case

Rick A. Yarnall, Sioux Falls, S.D., pro se.

Andrew J. Schmid, Minneapolis, Minn., for appellant U.S. Trustee.

Jonathan K. Van Patten, Vermillion, S.D., for appellees.

MEMORANDUM OPINION AND ORDER

JOHN B. JONES, District Judge.

The United States Trustee and the standing Chapter 12 Trustee take this appeal from an order of the Bankruptcy Court dated August 27, 1987, confirming debtors' Chapter 12 plan of reorganization. Specifically, the trustees argue it was error for the lower court to confirm debtors' plan because it allowed debtors to make direct payments to a secured creditor holding a modified claim, thereby avoiding...

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