IN RE YETT

BAP No. ID-03-1250-BKMu, Bankruptcy No. 02-03054.

306 B.R. 287 (2004)

In re Danny Ray YETT and Frances Ann Yett, Debtors. Wells Fargo Bank Northwest, N.A., Appellant, v. Danny Ray Yett; Frances Ann Yett, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed January 27, 2004.


Attorney(s) appearing for the Case

Trevor L. Hart, Perry Law, P.C., Boise, ID, for Wells Fargo Bank Northwest, N.A.

Joseph M. Meier, Cosho, Humprey, Greener & Welsh, P.A., Boise, ID, for Danny and Frances Yett.

Before BRANDT, KLEIN and MUND, Bankruptcy Judges.


OPINION

BRANDT, Bankruptcy Judge.

Can chapter 122 debtors confirm a "cramdown" plan over the objection of the holder of two secured promissory notes which had matured prepetition, although the plan neither cures the defaults nor pays interest at the default rate? The creditor objected but did not proffer evidence. The bankruptcy court confirmed the plan. This timely appeal followed.

I. FACTS

Debtors Danny and...

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