In re Hamlin
Mar
01
2010
Ruling
Dismissal of chapter 13 case on motion of debtors granted absent motion to convert or allegations of fraud.
Procedural posture
A chapter 13 trustee filed a motion to confirm the debtors' plan. The debtors objected, contending that the IRS had filed an amended claim significantly reducing its priority claim, and that the plan payments should be reduced. At a hearing, the debtors indicated that due to a significant change in circumstances, including reduced income, they wished to dismiss their case pursuant to 11 U.S.C.S. § 1307(b). The trustee objected.
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Court
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