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IN RE NICHOLES

BAP No. ID-94-1188-RuMeJ. Bankruptcy No. 93-02824.

184 B.R. 82 (1995)

In re Preston Neil NICHOLES, Debtor. Preston Neil NICHOLES, Appellant, v. JOHNNY APPLESEED OF WASHINGTON; John H. Krommenhoek, Chapter 13 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided June 23, 1995.

Attorney(s) appearing for the Case

Marc S. Tanner, Boise, ID, for Preston Neil Nicholes.

Timothy J. Carlson, Yakima, WA, for Johnny Appleseed.

Before RUSSELL, MEYERS and JONES, Bankruptcy Judges.

OPINION

RUSSELL, Bankruptcy Judge:

A Chapter 13 debtor appeals the bankruptcy court's summary order denying confirmation of his Chapter 13 plan.

I. FACTS

The debtor, Preston Neil Nicholes, is the president, director, and sole shareholder of Boss Fruit & Vegetable, Inc. ("Boss Fruit"). Boss Fruit is an Idaho corporation and a licensee under the Perishable Agricultural Commodities Act ("PACA") codified at 7 U.S.C. §§ 499a et...

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