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IN RE MICHELSON

Bankruptcy No. 290-00735-C-11, Adv. No. 91-2271.

141 B.R. 715 (1992)

In re H.B. MICHELSON, dba Michelson Sod Farms, Debtor. OFFICIAL COMMITTEE OF UNSECURED CREDITORS, Plaintiff, and Western Farm Credit Bank and John I. Haas, Inc., Intervenors, v. H.B. MICHELSON, dba Michelson Sod Farms, Defendant.

United States Bankruptcy Court, E.D. California.

June 30, 1992.

Attorney(s) appearing for the Case

Robert Bardwil, Bardwil & Dahl, Sacramento, Cal., for plaintiff Official Committee of Unsecured Creditors.

Julia Gibbs, El Dorado Hills, Cal., for defendant H.B. Michelson.1

Laura S. Taylor, Sheppard, Mullin, Richter & Hampton, San Diego, Cal., for intervenor Western Farm Credit Bank.

Michael S. McManus, Diepenbrock, Wulff, Plant & Hannegan, Sacramento, Cal., for intervenor John I. Haas, Inc.

OPINION ON MOTION FOR SUMMARY JUDGMENT

CHRISTOPHER M. KLEIN, Bankruptcy Judge:

Among the rocks and shoals of post-confirmation matters is the poorly charted question whether materially defective disclosure used in connection with obtaining confirmation of a plan of reorganization constitutes a fraud that permits revocation of the confirmation order under 11 U.S.C. § 1144.2 It does. Moreover, involvement by an officer of...

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