- 11 U.S.C.
Fanning v. River Walk Farms Homeowners Assn (In re Fanning)
May
20
2014
Ruling
Plan could not be modified to obtain surrender of property and to treat deficiency as unsecured.
Issue(s)
Whether a post-confirmation modification to surrender property and treat any deficiency claim as an unsecured claim was allowable under 11 U.S.C.S. § 1329.
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Court
:
- 11 U.S.C.
In re White
May
16
2014
Ruling
Debtor's plan modified to reflect nonexempt proceeds of life insurance policy on life of co- debtor spouse.
Issue(s)
Should the bankruptcy court sustain trustee's objection to debtor's amended claim of exemptions, claiming as exempt $50,000 in life insurance proceeds received postpetition following the untimely death of debtor's spouse, and allow modification of the debtor's confirmed chapter 13 plan to increase the base gross due under the plan?
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Court
:
- 11 U.S.C.
In re Powers
Mar
28
2014
Ruling
Trustee's modification of chapter 13 plans denied.
Issue(s)
Could trustee modify debtors' plans to provide for increased payments to unsecured creditors due to increases in debtors' incomes since their plans were confirmed?
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Court
:
- 11 U.S.C.
Beam v. Chase Home Fin. LLC (In re Beam)
Mar
27
2014
Ruling
Debtor could not strip off junior lien of creditor treated as secured in confirmed plan.
Issue(s)
Whether debtors could strip the lien of the creditor holding the second priority deed through the Motion to Strip and the Plan Modification after confirmation of the chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Ramsey
Mar
26
2014
Ruling
Motion to modify plan denied due to lack of good faith and case ordered converted or dismissed.
Issue(s)
Could above-median debtors modify their chapter 13 plan, subsequent to trustee's motion to dismiss for payment default, in order to increase payments to IRS on postpetition tax claims while reducing payments to unsecured creditors?
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Court
:
- 11 U.S.C.
In re Deal
Mar
11
2014
Ruling
Case dismissed due to debtor's failure to disclose insurance proceeds as income.
Issue(s)
Whether the court should grant a chapter 13 trustee's motion to modify debtor's plan pursuant to 11 U.S.C.S. § 1329 to provide for increased disposable income or, in the alternative, dismiss the case.
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Court
:
In re Conley
Jan
14
2014
Ruling
Plan modification to recharacterize allowed secured claim denied.
Issue(s)
Could debtor modify chapter 13 plan in order to recharacterize creditor's secured claim.
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Court
:
In re Ridings
Dec
22
2013
Ruling
Debtor could not modify confirmed chapter 13 plan to reclassify secured claim as unsecured and pay less than the full amount of the claim.
Issue(s)
Could debtor modify confirmed chapter 13 plan to reclassify secured debt as unsecured and not pay creditor the full amount of its claim?
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Court
:
In re King
Oct
18
2013
Ruling
Plan modified to provide for increased payments in order to reimburse property taxes paid by creditor.
Issue(s)
Should plan be modified to increase monthly payments to provide for reimbursement of property taxes paid by creditor.
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Court
:
- 11 U.S.C.
In re Brice
Oct
18
2013
Ruling
Below median debtor's plan confirmed as modified to provide for 36 month term.
Issue(s)
Did loan modification reducing below median debtors' obligation justify modification of plan to provide for 36 rather than 60 month term.
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Court
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