In re Brown
May
31
2006
Ruling
Court granted modification of plan to correct drafting error since notice had been defective and plan had not become final under section 1329(b)(2).
Procedural posture
A creditor objected to debtors'original chapter 13 plan. The objection was resolved by an agreement that the "best interest number" under 11 U.S.C. § 1325(a)(4) would be $6,000. Debtors'counsel sent the trustee a proposed modified plan that, inter alia, substituted "n/a" for the best interest number. The trustee did not object to the proposed modified plan. Two years later, the trustee moved to reinstate the original best interest number.
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Court
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