IN RE MAYA CONST. CO.

No. 93-17195.

78 F.3d 1395 (1996)

In re: MAYA CONSTRUCTION COMPANY, ID # 86-0352941, Debtor. Alan L. LEVIN, Appellant, v. MAYA CONSTRUCTION, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 5, 1996.


Attorney(s) appearing for the Case

Joseph H. Watson, Law Office of Joseph H. Watson, Tucson, Arizona, for appellant.

Ralph E. Seefeldt, Seefeldt, Sparks & Neal, Tucson, Arizona, for appellee.

Before GOODWIN, POOLE and KLEINFELD, Circuit Judges.


KLEINFELD, Circuit Judge:

This is a chapter 11 bankruptcy case. The debtor did not timely list a creditor known to him, and the reorganization plan was confirmed before the creditor attacked it. The question is whether the creditor is bound by the confirmation of the plan.

FACTS

Mr. Levin and Maya Construction agreed that Maya would place fill dirt excavated elsewhere on Levin's land. The soil, excavated at a local bridge project Maya was...

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