In re Acequia, Inc.

996 F.2d 1223 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re ACEQUIA, INC., an Idaho Corporation, Debtor. Vernon B. CLINTON, Appellant, and Rosemary Haley, Debtor-in-possession, v. ACEQUIA, INC., an Idaho Corp. and Prudential Insurance Co. No. 91-36176. United States Court of Appeals, Ninth Circuit. Submitted June 9, 1993. * Decided June 21, 1993. Before WRIGHT, FARRIS and D.W. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Vernon B. Clinton ("Clinton") appeals the district court's affirmance of a bankruptcy court denial of his motion to terminate Acequia, Inc.'s Chapter 11 Second Amended Plan of Reorganization ("the Plan"). Clinton argues that the Plan has been impermissibly modified in violation of 11 U.S.C. § 1127 and, in the alternative, that an extension of the Plan constitutes a novation which nullifies the Plan. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND 3 Acequia, Inc., the debtor, was formed in 1974 as a family business. As part of divorce proceedings…