DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
066045P.pdf 12/11/2006 Darwin Gene Rice v. Carol F. Dunbar
U.S. Court of Appeals Case No: 06-6045
Southern District of Iowa
[PUBLISHED] [Chief Judge Kressel, Author, with Mahoney and Venters,
Bankruptcy Judges]
Bankruptcy Appellate Panel - Chapter 12 confirmation. Bankruptcy
court's denial of Chapter 12 confirmation plan to debtor farmers
is affirmed. The bankruptcy court's denial of a continuance after
debtors fired their attorney was not an abuse of discretion. The
bankruptcy court did not abuse its discretion in denying confirmation
as the plan did not pass the best interest of creditors test because
the repayment of unsecured creditors did not include interest and was
not feasible on its face. Dismissal of the bankruptcy case was not
an abuse of discretion and the order granting relief from the stay is
moot.