New Cases For the Week of May 12, 2003 - May 16, 2003

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May 16, 2003

Case

Court

Holding

In re Muessel
(DBN Subscription Required)
1st Cir. BAP The bankruptcy court exceeded its authority when it granted a Chapter 13 debtor's motion to refinance property but ordered her to amend her Chapter 13 plan to provide a 100% dividend.  Nothing in the Bankruptcy Code authorizes the bankruptcy court to either draft or dictate the provisions of a Chapter 13 plan.

May 13, 2003

Case

Court

Holding

In re Hoffinger Industries, Inc.
(DBN Subscription Required)
8th Cir. BAP The bankruptcy court did not abuse its discretion in twice extending the debtor's exclusivity period in a complex Ch. 11 case.
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