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IN RE WHITBY

Bankruptcy No. 90-00093-12.

146 B.R. 19 (1992)

In re Robert D. WHITBY and Beverly A. Whitby, d/b/a Whitby Livestock, Debtors.

United States Bankruptcy Court, D. Idaho.

September 18, 1992.

Attorney(s) appearing for the Case

Murray Jim Sorensen, Blaser & Sorensen, Blackfoot, Idaho, for debtors.

William R. Hollifield, Hollifield, Tolman & Bevan, Twin Falls, Idaho, for First Interstate Bank, N.A.

Kay Moore, Service, Green & Kerl, Pocatello, Idaho, for Farm Credit Bank of Spokane.

Warren S. Derbidge, Asst. U.S. Atty., D. Idaho, Boise, Idaho, for Farmers Home Admin.

Forrest Hymas, trustee.

MEMORANDUM OF DECISION

ALFRED C. HAGAN, Chief Judge.

At issue in this chapter 12 proceeding are the debtors' motion to modify their chapter 12 plan and the motion of the chapter 12 standing trustee to dismiss the case.

At the hearing held on both issues on September 14, 1992, the debtors failed to appear in support of their modification. Thus, the sufficiency of the proposed modification will be examined as to whether the plan is capable of being...

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