IN RE WAGNER

Civ. Nos. A1-93-037, A1-93-062 to A1-93-064, Bankruptcy Nos. 88-05975, 91-36030, 91-35335 and 92-30013.

159 B.R. 268 (1993)

In re Philip WAGNER and Doris Wagner, Debtors. Philip WAGNER and Doris Wagner, Appellants, v. Phillip ARMSTRONG, Appellee. In re Robert L. MARTIN and Margie Martin, Debtors. Robert L. MARTIN and Margie Martin, Appellants, v. Phillip ARMSTRONG, Appellee. In re John A. HOFF and Irene M. Hoff, Debtors. John A. HOFF and Irene M. Hoff, Appellants, v. Phillip ARMSTRONG, Appellee. In re Darrell Leroy LUTES and Marlene Jo Lutes, Debtors. Darrell Leroy LUTES and Marlene Jo Lutes, Appellants, v. Phillip ARMSTRONG, Appellee.

United States District Court, D. North Dakota, Southwestern Division.

August 30, 1993.


Attorney(s) appearing for the Case

Sheldon A. Smith, Lucas & Smith, Bismarck, ND, for appellants.

Phillip Dale Armstrong, Minot, ND, Kathryn Ann Page, Office of the U.S. Trustee, Minneapolis, MN, for appellee.


MEMORANDUM AND ORDER

CONMY, District Judge.

The issue in these four consolidated appeals is whether a family farmer/debtor may make direct payments to "impaired"1 secured creditors and thereby avoid payment of fees to the Chapter 12 Trustee in a confirmed Chapter 12 bankruptcy reorganization plans.

BACKGROUND

Debtors, Doris and Phillip Wagner (Wagner) farm in Western North Dakota. On November 12...

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