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IN RE PENBERTHY

Bankruptcy No. 94-08427.

211 B.R. 391 (1997)

In re H. Larry PENBERTHY, Debtor.

United States Bankruptcy Court, W.D. Washington.

As Amended August 29, 1997.

Attorney(s) appearing for the Case

H. Larry Penberthy, Seattle, WA, Pro se.

Tyler K. Firkins, Auburn, WA, for Alma Penberthy.

Daniel P. Brink, Seattle, WA, for ToxGon Corp.

DECISION ON MOTIONS RE CONFIRMED PLAN

PHILIP H. BRANDT, Bankruptcy Judge.

I. ISSUES

A. Where the debtor undertook in the disclosure statement to contribute certain amounts beyond those specified the confirmed plan, is that undertaking enforceable?

B. If so, may a creditor withhold or offset a payment in lieu of homestead to the debtor, provided for in the confirmed (and consensual) plan, when the debtor has not made the contributions?<...

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