Opinion
NO. 17-03717-FLK12
09-25-2018
In Re: JON W. RICE, Debtor.
Presented by: JAMES P. HURLEY WSBA #6615 Attorney for Debtor Approved for Entry: FORD ELSAESSER Chapter 12 Trustee Approved for Entry: TREVOR PINCOCK WSBA #36818 Attorney for Northwest Farm Credit Services Approved for Entry: ELIZABETH SHEA WSBA #27189 Attorney for Banner Bank Approved for Entry: BRIAN DONOVAN WSBA #41121 Attorney for Farm Service Agency
Chapter 12 FINDINGS OF FACT AND CONCLUSIONS OF LAW
THIS MATTER having come on regularly for hearing before the Honorable Frank L. Kurtz, United States Bankruptcy Judge for the Eastern District of Washington, by telephone conference on September 13, 2018, the Debtor appearing by and through his attorney of record JAMES P. HURLEY of Hurley & Lara, the Chapter 12 Trustee FORD ELSAESSER appearing in person and by written report and other counsel appearing for various creditors as indicated in the Clerk's Minutes and the Court having considered the testimony of the Debtor, the exhibits and evidence in support of the Order Confirming the Debtor's Chapter 12 Plan, the Court now makes the following:
FINDINGS OF FACT
1. The Plan complies with the provisions of the Chapter 12 and with other applicable provisions of Title 11, U.S. Code;
2. Any fee, charge or amount required under Chapter 12 of Title 28, U.S. Code, or by the Plan, to be paid before confirmation has been paid;
3. The Plan has been proposed in good faith and not by any means forbidden by law;
4. The value, as of the effective date of the Plan, of the property to be distributed under the Plan on account of each allowed unsecured claim is not less than the amount that would be paid on such claim if the estate of the Debtor was liquidated under Chapter 7, Title 11,U.S. Code, on such date. The Plan, as proposed, pays all allowed unsecured claims in full;
5. The holder of each allowed secured claim has accepted the Plan.
The Court having entered its Findings of Fact, now enters the following:
CONCLUSIONS OF LAW
1. The Plan complies with the provisions of Chapter 12 and other applicable provisions of Title 11, U.S. Code; and
2. The Court should confirm the Debtor's Chapter 12 Plan filed June 22, 2018 and dentified as Chapter 12 Plan in this case.
So Ordered. Dated: September 25th, 2018
/s/ _________
Frank L. Kurtz
Bankruptcy Judge
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Presented by: s/ James P. Hurley
JAMES P. HURLEY WSBA #6615
Attorney for Debtor Approved for Entry: s/ Ford Elsaesser
FORD ELSAESSER
Chapter 12 Trustee Approved for Entry: s/ Trevor Pincock
TREVOR PINCOCK WSBA #36818
Attorney for Northwest Farm Credit Services Approved for Entry: s/ Elizabeth Shea
ELIZABETH SHEA WSBA #27189
Attorney for Banner Bank Approved for Entry: s/ Brian Donovan
BRIAN DONOVAN WSBA #41121
Attorney for Farm Service Agency