In re Belcher (Case No. 06-72448) 06/02/09
The Debtors motioned for Final Decree. The Debtors subsequently motioned for the entry of an order granting discharge, and in the alternative, waiving the quarterly fee. The Court held that Congress did not intent to provide additional discretion to bankruptcy courts to grant an early discharge once the creditors had received at least as much as they would have received in a chapter 7 liquidation case and that unless the modification of the plan pursuant to 11 U.S.C. § 1127(e) would not be practicable within the meaning of §1141(d)(5)(B)(ii).