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IN RE SIMMONS

No. 01-21300.

286 B.R. 426 (2002)

In re Jesse Russell SIMMONS III and Barbara Ann Simmons, Debtors.

United States Bankruptcy Court, D. Kansas.

December 3, 2002.

Attorney(s) appearing for the Case

Robert A. DuVall, Olathe, KS, for Cooper Communities, Inc.

Christopher J. Redmond, Husch & Eppenberger, Kansas City, MO, pro se.

William F. Schantz, Office of U.S. Trustee, Wichita, KS, for U.S. Trustee.

Joanne B. Stutz, Evans & Mullinix, P.A., Shawnee, KS, for Jesse Russell Simmons, III and Barbara Ann Simmons.

Grant Thornton, Kansas City, MO, for Christopher J. Redmond.

MEMORANDUM OPINION1

JOHN T. FLANNAGAN, Bankruptcy Judge.

To meet the best-interest-of-creditors test for Chapter 13 plan confirmation,2 the Simmonses' Chapter 13 plan proposed to sell encumbered, non-exempt real property, pay off the lien and distribute the equity proceeds to creditors. The plan was confirmed, the sale and payoff completed, and the net sale proceeds paid to the Chapter 13 trustee...

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