Frank L. Kurtz
WILLIAM L. HAMES, WSBA # 12193
HAMES, ANDERSON & WHITLOW, P.S.
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
THIS MATTER having come before the above-entitled Court for confirmation, such Confirmation Hearing was held by telephone conference on April 10, 2012, and the Court having read the Declaration of Mark Young, Debtor herein, and having reviewed the Plan and the Trustee's Confirmation Summary, and having heard the arguments of counsel, makes the following:
FINDINGS OF FACT
I.
Debtors filed the above-captioned voluntary Chapter 12 Proceeding on March 8, 2011.
II.
Debtors filed their Chapter 12 Plan on March 8, 2012.
III.
All creditors were given notice of Debtors' Chapter 12 Plan.
IV.
Debtors received three objections to their Plan, one from Global Mortgage and Credit, LLC, one from Monson Fruit Company, Inc., and one from Farm Service Agency of the US Department of Agriculture.
V.
Debtors filed their Amended Chapter 12 Plan on April 6, 2012. Debtor's filed their Second amended Chapter Twelve Plan on April 9th 2012. The Second Amended Plan, as filed by Debtor resolves all creditor objections to the Plan.
VI.
Monson Fruit filed an Adversary Proceeding against Debtors alleging non-dis-chargeability of debt on April 20, 2011,. The provisions of the Second Amended Plan resolve all claims by Monson against the Debtors and all of Debtors counterclaims against Monson Fruit. Debtors and Monson Fruit have agreed upon confirmation of the Debtors' Second Amended Chapter 12 Plan, The Adversary Proceeding Case No. 11-80072-FLK12 will be dismissed upon confirmation of Debtors Second Amended Chapter twelve plan.
VII.
Debtors' budget projections attached to their Second Amended Chapter 12 Plan, indicate the Plan is feasible and Debtors will be able to make their payments as set forth in the Plan.
VIII.
All fees, charges or amounts required to be paid under Chapter 12 under Title 28 USC or by the Plan, to be paid before confirmation, have been paid.
From the foregoing Findings of Fact, the Court makes the following Conclusions of Law.
CONCLUSIONS OF LAW
XXII.
The Debtors' Second Amended Chapter Twelve Plan complies with the provisions of Chapter Twelve and other applicable provisions of Title 28 U.S.C.
XXIII.
The holder of each secured claim has accepted the Plan and shall receive payments on the secured portion of its claim as set forth in the Plan and shall retain its lien until such payment has been paid
XXIV.
The Debtors will be able to make all payments and comply with the Plan.
XXV.
The chapter 12 Trustee shall receive compensation pursuant to 28 U.S.C. §586(e)(1)(B)(ii).
XXVI.
The Plan has been proposed in good faith and not by any means forbidden by law.
Presented by:
HAMES, ANDERSON & WHITLOW, P.S.
BY ________________________
William L Names, WSBA #12193
Attorney for Debtors
CHAPTER 12 TRUSTEE
________________________
Ford Elsaesser
Chapter 12 Trustee
VELIKANJE HALVERSON, P.C.
BY ________________________
Alan Campbell
Attorney for Monson Fruit Co., Inc.
HURLEY AND LARA
BY ________________________
James Hurley
Attorney for Global, Mortgage and Credit, LLC
US ATTORNEY'S OFFICE
BY ________________________
Frank A, Wilson
Attorney for Farm Service Agency
________________________
Frank L. Kurtz
Bankruptcy Judge