IN RE SMITH

Civ. A. No. 87-766-N.

85 B.R. 729 (1988)

In re Dennis Monell SMITH, et al.

United States District Court, E.D. Virginia, Norfolk Division.

May 3, 1988.


Attorney(s) appearing for the Case

John L. Smith, Jr., Chesapeake, for debtor.

David R. Levin, Portsmouth, Va., Chapter 13-Standing Trustee.

John E. Waites, Norfolk, Va., U.S. Trustee.


ORDER

DOUMAR, District Judge.

This case has been appealed from the Bankruptcy Court decision dismissing the debtors' petition because of the debtors' late payment under their Chapter 13 plan pursuant to a holding that the Bankruptcy Court lacked discretion under Section 1307(c) to excuse late payment. On appeal, this Court must determine whether Section 1307(c) of the Bankruptcy Code provides the Bankruptcy Judge with discretion to excuse late Section 1326...

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