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§ 1329

In re Jones

Ruling
Pawnbroker lacked standing to seek to amend confirmed plan.
Procedural posture

This matter came before the court on the motion to amend plan and certain limited relief from order confirming plan filed by a pawnbroker in the chapter 13 debtors' bankruptcy case. It sought leave to amend the Plan, pursuant to 11 U.S.C.S. § 1329, relief from stay pursuant to 11 U.S.C.S. § 362(d), relief from the confirmation order, pursuant to Fed. R. Civ. P. 60(b), made applicable by Fed. R. Civ. P. 9024.

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Consumer opinion summary, case decided on February 24, 2011 , LexisNexis #0311-097

In re Hutchison

Ruling
Plan modification proposing surrender of vehicle approved on condition that debtor pay creditor amount equivalent to missed plan payments.
Procedural posture

A secured creditor objected to the debtor's amended Chapter 13 plan, which sought to modify her confirmed plan pursuant to 11 U.S.C.S. § 1329 to surrender a vehicle after having elected in her confirmed plan to retain the vehicle and pay its value over the course of the plan.

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Consumer opinion summary, case decided on February 03, 2011 , LexisNexis #0211-135

In re Davis

Ruling
Debtor allowed to modify plan to reduce monthly payments and payment period due to changed circumstances.
Procedural posture

Chapter 13 debtor filed a motion to modify her confirmed plan pursuant to 11 U.S.C.S. § 1329.

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Consumer opinion summary, case decided on December 16, 2010 , LexisNexis #0211-068

In re Kearny

Ruling
Modification denied due to debtor's misrepresentation of income to deprive creditors of full dividend.
Procedural posture

Debtor filed a petition under Chapter 13 of the Bankruptcy Code and proposed a plan for repaying her creditors. The court confirmed the debtor's plan on July 2, 2009, and on September 15, 2010, the debtor filed a modified plan, pursuant to 11 U.S.C.S. § 1329, that proposed to reduce her plan payments to $610 per month, resulting in a 72% dividend to unsecured creditors. The Chapter 13 trustee filed an objection to the debtor's modified plan.

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Consumer opinion summary, case decided on December 03, 2010 , LexisNexis #0111-035

In re Walker

Ruling
Debtor spouse allowed exemption in postconfirmation proceeds of previously undisclosed personal injury action.
Procedural posture

Chapter 13 debtors, a husband and wife, filed a motion to modify their confirmed amended chapter 13 plan pursuant to 11 U.S.C.S. § 1329, proposing to pay $12,013.93 to the chapter 13 Trustee out of the proceeds from the settlement of a personal injury suit, and claiming a $15,000 exemption in the settlement funds. The Trustee objected to the motion.

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Consumer opinion summary, case decided on October 21, 2010 , LexisNexis #1110-103

In re King

Ruling
Postconfirmation modification of above median debtors' plan was subject to 60-month term requirement.
Procedural posture

Debtors' Second Amended Plan had been confirmed in 2006. Before the court was debtors' Third Amended Plan. The Chapter 13 Trustee objected.

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Consumer opinion summary, case decided on October 20, 2010 , LexisNexis #1110-136

In re Prieto

Ruling
Plan modified to increase plan payments after debtors' income increased post-confirmation.
Procedural posture

The chapter 13 trustee filed a motion to modify the debtor's plan pursuant to 11 U.S.C.S. § 1329(a), asserting that the payments made by the debtors pursuant to the plan should be increased because their monthly disposable income increased after the plan was confirmed.

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Consumer opinion summary, case decided on September 22, 2010 , LexisNexis #1110-034

In re Rutt

Ruling
Debtor could not modify confirmed plan to strip off junior mortgage based on revaluation of property.
Procedural posture

In a Chapter 13 bankruptcy proceeding, debtor made a motion to modify his Chapter 13 plan post-confirmation and made a motion under 11 U.S.C.S. § 506 to determine the secured status of creditor, which held a junior lien on his residence. The court also had before it debtor's amended modified plan.

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Consumer opinion summary, case decided on September 10, 2010 , LexisNexis #1010-131

In re Hall

Ruling
Plan modified to reflect lump sum Social Security Disability Income benefit to debtor spouse.
Procedural posture

After debtors' Chapter 13 plan was confirmed, the trustee made a motion to modify the plan based on an award of Social Security Disability Income (SSDI) benefits to debtor wife. The award consisted of a lump sum award and monthly payments to the wife and her two dependent children. Debtors objected to the trustee's motion.

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Consumer opinion summary, case decided on August 31, 2010 , LexisNexis #1010-066

In re Deavila

Ruling
Post-mortgage default amendments to plan proposing surrender of property and adjustment of payments approved.
Procedural posture

After winning confirmation of their chapter 13 plan, debtors failed to keep current on their obligations to a mortgage creditor, who thereafter won relief from stay to pursue state law remedies. Per 11 U.S.C.S. § 1329, debtors then sought court approval of proposed amendments to the plan providing for surrender of the mortgaged premises to the creditor, reduction of plan payments, and reduction of the dividend to unsecured creditors.

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Consumer opinion summary, case decided on June 04, 2010 , LexisNexis #0810-133