IN RE KELLEY

Bankruptcy No. 18200088.

53 B.R. 961 (1985)

In re Paul M. KELLEY, Debtor.

United States Bankruptcy Court, W.D. Kentucky.

October 29, 1985.


Attorney(s) appearing for the Case

J. Richard Downey, Franklin, Ky., for debtor.

H. Jefferson Herbert, Jr., Glasgow, Ky., for PCA.

Robert E. Brizendine, Atlanta, Ga., for debtor.


MEMORANDUM OPINION

MERRITT S. DEITZ, JR., Bankruptcy Judge.

A reorganization plan which expressly provides for certain remedies upon default may close the door to the traditional creditor's remedy of dismissal of a Chapter 11 case for a default of that same type. That lesson of logic is learned from the case at hand.

This farm reorganization plan was confirmed in April, 1983, and it provided among other things that upon the debtor's failure to make...

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