In this case, there is a confirmed Chapter 11 bankruptcy plan, substantially
consummated, and later, converted to a Chapter 7. "[T]he provisions of a confirmed
plan bind the debtor ... and any creditor ... whether or not such creditor has accepted
the plan. " 11 U.S.C. Section 1141(a). The bankruptcy court 's order confirming said
plan is a final judgment which has not been appealed, not revoked nor voided, and
not vacated.

Therefore, this case presents the following questions:

1. Which is worse, that a debtor obtains a real property that she already owns,
free of any liens, because a secured creditor failed to timely comply with a
bankruptcy court 's final confirmation order; or, when that same bankruptcy
court fails to enforce said final order? Subsequently, in the appeal
proceedings below, should the courts have enforced the clear and
unambiguous terms of a final order, including where the bankruptcy court
failed to enforce its own order?

2. What makes a non-appealed and non-vacated bankruptcy court
confirmation order - entered after meticulous and compliant attention to
due process and proper notice, and which has not been voided - different
from any other final order? Does said final judgment also have res judicata
effect, precluding it from collateral attack? Is a secured creditor bound by
the terms of a confirmed bankruptcy plan where it had notice, and did not
object to nor appeal, and did not move to void or vacate that confirmed
bankruptcy plan?

3. Does a bankruptcy court have equitable discretion to ignore the clear terms
of its own final order? And, can the Bankruptcy Code be over-ridden by
equitable considerations and notions of fairness? Can a bankruptcy court
find a confirmed bankruptcy plan fair and equitable, but then refuse to
enforce it?

4. Does conversion from a Chapter 11 proceeding to a chapter 7 undo a
bankruptcy confirmation order - which has not been appealed, not revoked
nor voided, and also not vacated - and, everything that happened before
such conversion?

Which is worse, that a debtor obtains a real property that she already owns, free of any liens, because a secured creditor failed to timely comply with a bankruptcy court's final confirmation order; or, when that same bankruptcy court fails to enforce said final order?