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IN RE HARRY & LARRY MARONDE PARTNERSHIP

Nos. BK00-41338, BK00-41339.

256 B.R. 913 (2000)

In the Matter of HARRY & LARRY MARONDE PARTNERSHIP, Debtor. In the Matter of Harry & Ruth Maronde, Debtors.

United States Bankruptcy Court D. Nebraska.

December 15, 2000.

Attorney(s) appearing for the Case

W. Eric Wood, Bellevue, Ne, for debtors.

Stephen H. Nelsen, Lincoln, Ne, for Cornerstone Bank.

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

After defaulting on payments due under a confirmed Chapter 12 plan, the debtors Harry and Ruth Maronde filed a new Chapter 12 case and proposed to restructure treatment of secured claims which were impaired in the previous bankruptcy case.

I conclude that the restrictions on modification of a confirmed plan set forth in 11 U.S.C. § 1229 cannot be circumvented by simply filing a new bankruptcy...

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