- 11 U.S.C.
In re Vela
Mar
13
2015
Ruling
Debtors' postconfirmation plan amendment allowing payment of mortgage outside of the plan denied.
Issue(s)
Should the bankruptcy court approve debtor's postconfirmation plan amendment that would authorize the debtors to pay their mortgage creditor directly rather than through the trustee?
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Court
:
In re Doherty
Feb
10
2015
Ruling
Modification of chapter 13 plan was not required following sale of property that did not result in an improvement of debtors' financial circumstances.
Issue(s)
Did capital gain recorded on chapter 13 debtors' tax return constitute disposable income that would justify a plan modification as requested by trustee?
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Court
:
- 11 U.S.C.
In re Hernandez
Jan
28
2015
Ruling
Trustee not entitled to modify debtors' chapter 13 plan payments based on unanticipated increase in income, but was entitled to turnover of tax refund for the year of the increase.
Issue(s)
Could trustee modify debtors' plan to increase monthly payments subsequent to unanticipated increase in income and could trustee also obtain debtor's tax refund for the corresponding period?
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Court
:
- 11 U.S.C.
In re Childers
Jan
27
2015
Ruling
Debtor could modify plan for early payoff after death of spouse changed debtor's status from above to below median.
Issue(s)
Whether a chapter 13 debtor could modify her plan, after her husband died four years into their five-year plan, by using a portion of her exempt life insurance proceeds to pay off her plan a few months early.
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Court
:
In re Moglia
Dec
30
2014
Ruling
Modification to extend payment period and allow for retroactive payments denied.
Issue(s)
Whether the applicable commitment period for the chapter 13 plan payments must be extended from three years to five years when a debtor whose income is below median at the time of case filing has a subsequent increase in income to above the median?
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Court
:
- 11 U.S.C.
In re Pautin
Nov
25
2014
Ruling
Trustee's motion to modify plan to recapture past additional income denied as it would render plan infeasible.
Issue(s)
Could trustee modify debtor's plan to require increased plan payments?
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Court
:
- 11 U.S.C.
In re Tengan
Oct
15
2014
Ruling
Below-median debtors could modify plan to shorten term.
Issue(s)
Could below-median debtors reduce their plan term from sixty to thirty-six months along with a reduction in payments?
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Court
:
- 11 U.S.C.
In re Greenwood
Aug
06
2014
Ruling
Debtor could not modify plan to provide for payment of domestic support obligation.
Issue(s)
Could debtor modify a chapter 11 plan to provide for payment of a domestic support obligation through the plan rather than directly to the former spouse?
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Court
:
- 11 U.S.C.
In re Morris
Jul
31
2014
Ruling
Modification allowed as complying with applicable commitment period and necessary for successful completion of plan.
Issue(s)
Does the applicable commitment period which governs modification of chapter 13 plans begin at the time of confirmation of the original plan or upon the filing of the proposed plan with the petition?
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Court
:
In re Jordan
Jul
22
2014
Ruling
Modification of plan to limit term and reduce percentage recovery denied.
Issue(s)
Could debtor modify a chapter 13 plan to limit the term and reduce the percentage recovery?
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Court
: