In re Carlson
Apr
06
2011
Ruling
Plan modification approved due to payments missed as a result of debtors' estrangement, over trustee's objection.
Procedural posture
Debtor husband filed a joint petition under Chapter 13 of the Bankruptcy Code with his wife in December 2005, and they proposed a Chapter 13 plan that was confirmed on October 6, 2006. The debtor and his wife separated and the court bifurcated their cases in April 2010, and in August 2010 the debtor proposed a modified Chapter 13 plan. The Chapter 13 trustee filed objections to the debtor's plan, pursuant to 11 U.S.C.S. § 1325(b).
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Court
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