Skip to main content

§ 1229

Swackhammer, In re--Swackhammer v. Swackhammer

May
23
2023
Ruling
Court properly approved modification of debtors' plan as they established a substantial change in circumstances due to their inability to meet their crop yield projections due to a delay in financing. (B.A.P. 8th Cir.)
Issue(s)
Modification of Plan After Confirmation.

ABI Membership is required to access the full summary of Swackhammer, In re--Swackhammer v. Swackhammer Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 23, 2023 , LexisNexis #0723-069
LexisNexis Article
Learn More

In re Daniels

May
11
2015
Ruling
Debtor could not modify plan where the modification was not proposed in good faith and did not meet the liquidation test.
Issue(s)
Could chapter 12 debtor's plan be modified?

ABI Membership is required to access the full summary of In re Daniels Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 11, 2015 , LexisNexis #0615-029
LexisNexis Article
Learn More

In re Hudson

Feb
28
2014
Ruling
Trustee's motion to modify chapter 12 debtor's plan granted given debtor's receipt of financial assistance.
Issue(s)
Did debtors' receipt of postconfirmation financial assistance from U.S. Department of Agriculture, disclosed in late filed annual net disposable income statements required by chapter 12 plan, justify modification of plan by trustee?

ABI Membership is required to access the full summary of In re Hudson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 28, 2014 , LexisNexis #0314-131
LexisNexis Article
Learn More

In re Couchman

Aug
20
2012
Ruling
Amended plan confirmed as not violating conditional order with creditor that authorized possible amendment.
Procedural posture

In a chapter 12 case, the debtor filed an amended motion to modify the plan under 11 U.S.C.S. § 1229 in order to extend the time in which payments could be made. A bank objected.

ABI Membership is required to access the full summary of In re Couchman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 20, 2012 , LexisNexis #0912-064
LexisNexis Article
Learn More

Wiest v. Get Er Done Wiest LLC (In re Ted Wiest & Sons)

Feb
18
2011
Ruling
Trustee who did not object to omission of 16 unsecured creditors at confirmation of plan could not seek modification.
Procedural posture

Debtors filed separate petitions under Chapter 12 of the Bankruptcy Code, and the court issued orders which consolidated all three cases and confirmed a plan the debtors proposed for repaying their creditors. A trustee who was appointed to administer the consolidated cases filed a motion pursuant to 11 U.S.C.S. § 1229(a) to modify the debtors' plan. The debtors opposed the trustee's motion.

ABI Membership is required to access the full summary of Wiest v. Get Er Done Wiest LLC (In re Ted Wiest & Sons) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on February 18, 2011 , LexisNexis #0311-134
LexisNexis Article
Learn More

In re Zamora

Mar
19
2008
Ruling
Modification of chapter 12 plan denied due to failure to allege change in post-confirmation financial condition.
Procedural posture

A creditor objected to the debtors' motion to modify their confirmed chapter 12 plan, pursuant to 11 U.S.C.S. § 1229.

ABI Membership is required to access the full summary of In re Zamora Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 19, 2008 , LexisNexis #0408-087
LexisNexis Article
Learn More
Subscribe to %1