UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF KENTUCKY

LEXINGTON DIVISION

IN RE:

MICHAEL RAY RIPATO CASE NO. 95-50099

DEBTOR

OPINION AND ORDER

This matter is before the Court upon the Motion of the debtor to Determine Termination of the Plan and the Response by the Chapter 12 trustee. The dispute involves whether or not the payment made or to be made by the debtor to the trustee from crops grown in calendar year 1997 is the final payment under the terms of the plan.

The Chapter 12 plan filed herein on December 22, 1995 clearly dedicates the proceeds from crops for the crop years 1995, 1996 and 1997 to the plan. (Page 3, Paragraph VI). Therefore, the plan is properly completed if the crop proceeds are paid to the trustee for crops grown through calendar year 1997.

The Chapter 12 trustee has recited in his response that apparently no crop proceeds were received for calendar year 1995 and that money he received during that period involved the sale of real estate and was committed to payment to the Farm Service Administration. The Court does not have before it sufficient facts to address the question of the failure to pay crop proceeds for calendar year 1995 to the trustee. If there were crop proceeds which should have been paid to the trustee in accordance with the plan, the debtor has failed to comply with his plan and might provide grounds for dismissal of the proceeding. If there were no proceeds from crops during calendar year 1995, and that fact is demonstrated to the Court, it would appear that the debtor has complied with the terms of his plan and that appropriate measures should be taken to close the within bankruptcy case.

IT IS HEREBY ORDERED AS FOLLOWS:

1. That the crop proceeds for the calendar year 1997 were the final payment called for by the terms of the confirmed Chapter 12 plan herein; and
2. That if any dispute exists concerning the payment to the Chapter 12 trustee of proceeds from crops for calendar year 1995, the parties should file an appropriate motion and notice it for hearing before the Court and request an evidentiary hearing as needed.

Dated this ____ day of April, 1998.

BY THE COURT

___________________________

JUDGE

COPIES TO:

Debtor

Michael L. Baker, Esq.

Sidney N. White, Esq.