In re Racine
Feb
01
2013
Ruling
Modification granted due to increased income and expenses.
Procedural posture
Bankruptcy debtors asserted that their financial circumstances warranted reduction of monthly payments and payments to claims under their confirmed plan. The debtors moved to modify their plan, and the bankruptcy trustee objected to modification.
ABI Membership is required to access the full summary of In re Racine Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Colon v. Santander Fin. Servs. Corp. (In re Colon)
Jan
16
2013
Ruling
Trustee's postconfirmation request to include settlement proceeds in plan had to be filed as motion in lead case.
Procedural posture
The chapter 13 Trustee moved for entry of an Order directing (plaintiffs) debtors to pay into the Plan settlement funds, alleging that the monies which debtors would receive from a settlement were property of the estate pursuant to 11 U.S.C.S. § 1306 and thus, the same had to be paid into the plan as disposable income under 11 U.S.C.S. § 1325(b). Debtors filed an Opposition. Defendants were a creditor, two individuals and an insurance company.
ABI Membership is required to access the full summary of Colon v. Santander Fin. Servs. Corp. (In re Colon) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
DeHart v. Eckert (In re Eckert)
Jan
14
2013
Ruling
Trustee's motion for excessive increase in monthly plan payments denied.
Procedural posture
Debtors, a husband and wife, declared chapter 13 bankruptcy and proposed a plan for paying their debts that required them to pay a chapter 13 trustee $500 per month. The court confirmed the debtors' plan on April 28, 2011, and on April 19, 2012, the trustee filed a motion for an order under 11 U.S.C.S. § 1329 which required the debtors to increase their monthly payment to $2,500. The court held a hearing on the trustee's motion.
ABI Membership is required to access the full summary of DeHart v. Eckert (In re Eckert) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Ward
Aug
24
2012
Ruling
Postconfirmation modification granted over trustee's objection due to failure of debtor to realize anticipated substantial increase in income.
Procedural posture
Before the court was debtor's modification of plan after confirmation and the chapter 13 Trustee's objections thereto. Debtor filed this modification after confirmation (MAC) seeking to reduce the monthly payments to $200/month because debtor was unable to make the $2,500/month step up payment because his current income and expenses demonstrated the ability to pay less than the amount in the confirmed plan.
ABI Membership is required to access the full summary of In re Ward Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Harp
Aug
20
2012
Ruling
Plan modification denied as retroactive and unfair to general unsecured creditors.
Procedural posture
Bankruptcy debtors who fell behind in payments under their confirmed plan sought to reduce their monthly payments and extend the term of the plan. The debtors moved to modify their confirmed plan.
ABI Membership is required to access the full summary of In re Harp Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Coay v. Coay (In re Coay)
Jun
19
2012
Ruling
Trustee's motion to increase plan payments after debtor resumed work denied.
Procedural posture
Debtors, a husband and wife, declared chapter 13 bankruptcy and proposed a plan for paying their creditors. The court confirmed the debtors' second amended plan in January 2010, and in July 2011 a trustee who was appointed to administer the plan filed a motion for an order under 11 U.S.C.S. § 1329(a)(1) which required the debtors to increase plan payments. The debtors opposed the trustee's motion.
ABI Membership is required to access the full summary of Coay v. Coay (In re Coay) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re DelConte
May
15
2012
Ruling
Debtor ordered to amend plan to reflect value of postconfirmation inheritance.
Procedural posture
Debtors filed a joint petition under chapter 13 of the Bankruptcy Code and proposed a plan for repaying their creditors. After the court confirmed the debtors' plan, a trustee who was appointed to administer the debtors' plan filed a motion seeking an order under 11 U.S.C.S. § 1329 which required the debtors to modify their plan. The court held a hearing on the trustee's motion.
ABI Membership is required to access the full summary of In re DelConte Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Mattson v. Howe (In re Mattson)
Apr
05
2012
Ruling
Debtors properly denied modification to shorten term of plan from five years to three years absent corresponding change in circumstances.
Procedural posture
Appellant above-median chapter 13 debtors challenged an order of the United States Bankruptcy Court for the Western District of Washington, denying debtors motion to modify their confirmed plan under 11 U.S.C.S. § 1329 to shorten the term of their plan from five years to three years, while increasing their payment amount due to a post-confirmation increase in income.
ABI Membership is required to access the full summary of Mattson v. Howe (In re Mattson) 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
- 11 U.S.C.
In re Ramirez
Mar
28
2012
Ruling
Debtor could amend personal property schedules to include claim under Fair Debt Collection Practices Act.
Procedural posture
Debtor moved for reconsideration of an order that vacated a prior ruling denying a motion filed by a finance company in which it had objected to debtor's amendment of Schedule B. One issue was the effect of debtor's inclusion, on the amended schedule, of a claim, against the company, under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (FDCPA), then being litigated in the district court.
ABI Membership is required to access the full summary of In re Ramirez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Cluff
Mar
15
2012
Ruling
Trustee's motion to modify debtor's confirmed plan denied absent evidence of increase in net income.
Procedural posture
Movant chapter 13 trustee filed a motion to modify debtor's confirmed chapter 13 bankruptcy plan because the debtor's marital status, income, and expenses had changed. The debtor opposed the trustee's motion.
ABI Membership is required to access the full summary of In re Cluff Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: