In re Zellmer
Feb
23
2012
Ruling
Plan modification denied due to failure to provide required number of monthly payments.
Procedural posture
This matter came before the court on the chapter 13 Trustee's motion to dismiss or convert for failure of debtor to make payments due as required by the confirmed plan in the case. Debtor countered with a motion to confirm a proposed modified plan, to which the trustee objected.
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Court
:
- 11 U.S.C.
In re Augustine
Feb
07
2012
Ruling
Debtor could modify plan to conform with divorce decree making car payments responsibility of former spouse.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and the court entered an order confirming the debtor's bankruptcy plan. The debtor filed a motion for an order allowing him to modify his plan, and a credit union filed an objection to the debtor's motion, arguing, inter alia, that the proposed modification did not fit within the allowed purposes of a modification under 11 U.S.C.S. § 1329.
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Court
:
- 11 U.S.C.
New Hampshire v. McGrahan (In re McGrahan)
Dec
07
2011
Ruling
Second modified plan could not prohibit confiscation of tax refunds for support payments if it did not specifically address the issue.
Procedural posture
Appellant, the State of New Hampshire Department of Health and Human Services (DHHS), challenged an order from the U. S. Bankruptcy Court for the District of New Hampshire granting appellee debtor's amended motion to modify his confirmed chapter 13 plan under 11 U.S.C.S. § 1329 by reducing the amount of DHHS's claim for unpaid child support. and holding that DHHS could not engage in any further intercepts of his income tax refunds.
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Court
:
Judge or Jurisdiction information not available
In re Davenport
Dec
07
2011
Ruling
Debtor ordered to turnover proceeds of postpetition purchase of property by state.
Procedural posture
Chapter 13 trustee filed a motion to compel debtors to turnover proceeds from the sale of property and also moved to amend the debtors' plan post confirmation, pursuant to 11 U.S.C.S. § 1329(a).
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Court
:
- 11 U.S.C.
In re Veal
Nov
01
2011
Ruling
Plan modified to include punitive damages received for stay violation in excess of wildcard exemption.
Procedural posture
A trustee sought modification of a chapter 13 plan pursuant to 11 U.S.C.S. § 1329 to include punitive damages awarded to the debtor.
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Court
:
- 11 U.S.C.
In re Mattson
Aug
26
2011
Ruling
Debtors could modify plan, due to increased income, to increase plan payments but could not reduce plan term.
Procedural posture
Chapter 13 debtors filed a motion seeking to modify their amended Plan under 11 U.S.C.S. § 1329. The Chapter 13 Standing Trustee objected to the debtors' motion.
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Court
:
- 11 U.S.C.
In re Heideker
Jun
02
2011
Ruling
Debtor could not shorten term of plan below applicable commitment period without paying all unsecured claims in full.
Procedural posture
Chapter 13 debtors moved to modify their confirmed plans under 11 U.S.C.S. § 1329 to reduce the duration of their plans below the applicable commitment period. The chapter 13 Trustee objected to the proposed modifications.
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Court
:
- 11 U.S.C.
In re Bacon
May
26
2011
Ruling
Debtor could not modify plan to accommodate new monthly car payments and increased insurance on Cadillac.
Procedural posture
Approximately five months after confirmation of her plan of reorganization, a debtor sought to modify the plan pursuant to 11 U.S.C.S. § 1329. The bankruptcy trustee filed an objection.
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Court
:
In re Robenhorst
Apr
14
2011
Ruling
Plan modification prepared in good faith due to larger than anticipated mortgage arrearages confirmed over trustee's objection.
Procedural posture
Chapter 13 debtors sought to modify their confirmed plan under 11 U.S.C.S. § 1329(b) but the Trustee objected, arguing that the debtors must dedicate at least 50 percent of their tax refunds to payment of unsecured creditors under the plan.
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Court
:
Charlick v. Community Credit Union (In re Charlick)
Mar
04
2011
Ruling
Debtor could not seek to strip prior junior lien via postconfirmation plan modification.
Procedural posture
Plaintiff Chapter 13 debtors filed a post-confirmation complaint against defendant junior lienholder seeking a ruling that a senior mortgagee's claim exceeded the value of their residence and thus, that they could "strip" the junior lien. The debtors also filed a related plan modification, seeking to effectuate the lien strip. Both parties filed motions for summary judgment.
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Court
: