In re Ryan
May
28
2010
Ruling
Debtor ordered to modify plan to provide sufficient dividend to unsecured creditors.
Procedural posture
A chapter 13 trustee filed a motion to dismiss a debtor's case pursuant to 11 U.S.C.S. § 1307(c)(1) on grounds that the debtor's confirmed plan failed to address all timely filed claims and the debtor's failure to file an amended plan that did so constituted an unreasonable delay, prejudicial to creditors. The debtor opposed the trustee's motion.
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Court
:
- 11 U.S.C.
In re Bailey
Mar
30
2010
Ruling
Confirmation of trustee's proposed modification of debtors' modified plan that was approved without objection denied.
Procedural posture
Debtors obtained confirmation of a 60-month plan. The debtors subsequently obtained confirmation of a modified plan reducing the payment period to 36 months. Under 11 U.S.C.S. § 1329, the chapter 13 trustee moved to modify the debtors' chapter 13 plan, seeking to modify the debtors' plan to restore the 60-month pay period.
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Court
:
- 11 U.S.C.
In re Savage
Mar
25
2010
Ruling
Post-default motion to modify plan by above-median debtor denied due to shortening of duration below the required 60 months.
Procedural posture
After the chapter 13 trustee moved to dismiss the debtors' case for default in plan payments, the debtors filed a motion to modify their confirmed plan under 11 U.S.C.S. § 1329 due to changes in income and expenses and to reduce the duration of the of time for which they would have to make that payment. The trustee objected to modification under 11 U.S.C.S. §§ 1325, 1329.
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Court
:
In re Owens
Feb
25
2010
Ruling
Late IRS proof of claim filed post-plan completion and prior to discharge disallowed.
Procedural posture
This matter came before the court on debtor's objection to the claim of the Internal Revenue Service (IRS).
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Court
:
- 11 U.S.C.
In re Rodger
Feb
05
2010
Ruling
Trustee could modify plan to require payment of annual tax refunds for remainder of plan term.
Procedural posture
A chapter 13 trustee filed a motion pursuant to 11 U.S.C.S. § 1329 to modify the debtors' confirmed plan to require them to pay annual tax refunds to him for the remainder of the term of their plan for distribution to creditors. The debtors filed an objection to the motion.
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Court
:
- 11 U.S.C.
In re Enders
Jan
11
2010
Ruling
Debtor could modify plan to surrender real estate and disallow creditor's claim absent creditor's objection.
Procedural posture
After the court confirmed a debtor's chapter 13 plan, the debtor filed an expedited motion to modify the plan to surrender the real estate and disallow a creditor's claim.
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Court
:
- 11 U.S.C.
In re Pearson
Oct
13
2009
Ruling
Debtor could retain tax refund only to extent needed to pay urgent expenses.
Procedural posture
Debtors' Motion to Retain Tax Refund for 2008 (Motion) came before the court.
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Court
:
- 11 U.S.C.
In re Whitwell
Jul
30
2009
Ruling
Confirmation denied where debtor proposed to fund plan with personal injury settlement payments and debtor had sold right to receive the payments to creditor annuity company.
Procedural posture
A chapter 13 debtor sought confirmation of an amended plan that was funded in part by payments received from a structured personal injury settlement. A creditor objected to confirmation, arguing that the debtor had sold it the right to receive 180 of those structured settlement payments, and, therefore, the debtor proposed to use money he did not own to fund the plan.
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Court
:
- 11 U.S.C.
In re Hughes
Jul
16
2009
Ruling
Modification that might affect amount received by unsecured creditors denied.
Procedural posture
Two pairs of debtors filed separate petitions under chapter 13, and after the court confirmed their plans for repaying their creditors, both pairs of debtors filed motions, pursuant to 11 U.S.C.S. § 1329, to modify their plans. The court considered both motions together.
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Court
:
- 11 U.S.C.
In re Lewis
Jun
24
2009
Ruling
Debtor could not modify confirmed plan to cure own default at expense of unsecured creditors.
Procedural posture
A chapter 13 debtor filed a motion under 11 U.S.C.S. § 1329(a)(1) to modify her confirmed plan. A creditor objected to the modification, contended that it was filed in bad faith.
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Court
: