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HomeMy WebLinkAboutDismissing Chapter 13 William and Nellie Bacon Augusta Richmond GA DOCUMENT NAME: l) ,i S m i 5S In.~ LYvc{?-t(r \3 w.\\i ()..V'^- 0'"(\& fj.L\ ~l 0 &coll DOCUMENT TYPE: YEAR: /0 CfG BOX NUMBER: FILE NUMBER: 1 ~ sg ~ NUMBER OF PAGES: 1 .... Zi ;-;~ - . "; LAW OFFICES OF CAPERS, DUNBAR, SANDERS & BRUCKNER PAUL H. DUNeAR. III E, FREDERICK SANDERS 1500 FIRST UNION BANK eUILDING 699 BROAD STREET ZIVA P. BRUCKNER (ALSO S,C,) CARL p, DOWLING AUGUSTA. GEORGIA 30901'1454 (706) 722,7542 TELECOPIER (706) 724-7776 February 28, 1996 Mr. Charles Dillard Acting Administrator The City Council of Augusta Augusta-Richmond County Municipal Building Augusta, Georgia 30911 .. OF COUNSEL JOHN D. CAPERS ~'r~-...'~'~"'''''}';':;;~~) y:ttJ1l'~;\\~(:~ r.f"~""'"'JtHJ;.~~tTh.. Hi I \'!,; ~::'J ~ ~_",,; itU \ . 'f; ~ ri': H ~ :. ~. l.";. fli~a~=~= , b<l.",j: n~ .:\ \ \\ \~ 'l~J) ~"'''~Ia1 FEB 29 199& "RIeH MONOtCQ!JN~ 'BOARD OF COMMISSION~,~Sc~~{ICE Re: william Thomas Bacon, III (248-82-6084) and Nellie Cornelia Bacon (256-92-8314) Chapter 13 Case No. 95-11895-JSD Dear Charles: Enclosed please find an order Dismissing Chapter 13 Case Before Confirmation in connection with the above referenced case. Very truly yours, ~ Paul H. Dunbar, III PHD,III/tls Enclosure \ . "-, ,} Wntteb ~tate~ fjankruptc!, ~ourt For the Southern District of Georgia I n the matter of: WilLIAM THOMAS BACON, III 248-82-6084 NELLIE CORNELIA BACON 256-92-8314 1424 TROUPE STREET AUGUSTA, GA 30904 Chapter 13 Case Number 95-11895-JSD Debtor(s) F , LED FES 2 3 1998 ORDER DiSMiSSiNG CHAPTER 13 CASE BEFORE CONFiRMATiON Pursuant to 11 U.S.C. 91307 this Chapter 13 case is dismissed due to the debtors' request. During the pendency of this case, each secured creditor who was to receive payments from the Chapter 13 Trustee under the terms of the Debtor's proposed plan has received no payment. The Chapter 13 Trustee has accumulated payments made by the Debtor pending confirmation of a Chapter 13 plan. 11 U.S.C.91326(a). Each secured creditor's interest in its collateral has been impaired to the extent that it has received no payment and has been prevented from foreclosing its security interest by the automatic stay of 11 U.S.C. 9362(a). The Debtor has provided "adequate protection" to each secured creditor by making pre-confirmation payments to the Charter 13 Trustee. In re Coplin, No. 486.00886 (Bankr. S.D.Ga. 1987); 11 U.S.C. 9361. Upon confirmation 0 the Debtor's plan, these accumulated funds would have been dIstributed pro-rata to secured creditors to compensate them for the delay they have endured as a result of the automatic stay. Because this case is being dismissed prior to confirmation of a plan, secured creditors will receive no payment on account of the plan; the "adequate protection" provided by the Debtor in the form of payment to the Trustee has proved to be inadequate. When "adequate protection" proves to be inadequate, each affected secured creditor is entitled to alternative compensation in the form of an administrative expense claim. 11 U.S.C. 9507(b). They are entitled to pro-rata satisfaction of those claims out of the monies which the Debtor has paid to the Trustee. 11 U.S.C. 91326(a)(2). IT IS THEREFORE THE ORDER OF THIS COURT that: 1) 2) This Chapter 13 case is dismissed; After deducting the costs of administration, including attorney's fees not to exceed $300.00, the Trustee shall pay funds remaining in this case, if any, pro-rata to creditors holding allowed secured claims which were to be paid through the Trustee under the terms of the Debtor's unconfirmed plan, unless a party in interest files a writte jection within ten (10) days from the date of this Order. John S. alis United tates Bankruptcy Judge P. O. Box 1487 Augusta, Georgia 30903 Dated February 23, 1996 13-04 (Rev, 4/94) TS