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§ 1329

In re Zuccarell

Ruling
Plan modification denied due to debtor’s lack of good faith.
Issue(s)
Should debtors’ motion to modify their chapter 13 plan be granted?

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Consumer opinion summary, case decided on July 18, 2016 , LexisNexis #0816-055

In re Zuccarell

Ruling
Modification of chapter 13 plan denied absent changed circumstances.
Issue(s)
Should debtors’ motion to modify their chapter 13 plan be granted?

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Consumer opinion summary, case decided on July 01, 2016 , LexisNexis #0716-115

In re Russell

Ruling
Trustee could not modify plan to include automobile accident case settlement proceeds afterexpiration of three-year commitment period. (Bankr. M.D. Ala.)
Issue(s)
Modification of Plan After Confirmation.

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Consumer opinion summary, case decided on June 22, 2016 , LexisNexis #1116-134

In re Washington

Ruling
Plan could be modified to include debtor’s right to exercise right of redemption.
Issue(s)
Whether a Chapter 13 debtor could, through his plan, redeem real property in his possession that was sold for taxes under state law after a tax purchaser was granted a tax deed.

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Consumer opinion summary, case decided on June 17, 2016 , LexisNexis #0716-059

In re Lombardi

Ruling
Trustee could modify plan to include inheritance received by debtor more than 180 days afterpetition date. (Bankr. D. Mass.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed.

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Consumer opinion summary, case decided on June 07, 2016 , LexisNexis #1116-135

In re Fields

Ruling
Chapter 13 debtor not engaged in business could incur secured debt and obtain credit via planmodification. (Bankr. D. Minn.)
Issue(s)
Does the Bankruptcy Code2 require a debtor in a chapter 13 case — who is not "engaged in business" — to obtain court approval when seeking [*3] to obtain post-petition credit and to incur debt to purchase a vehicle?

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Consumer opinion summary, case decided on June 01, 2016 , LexisNexis #0816-085

In re Groner

Ruling
Commitment period requirements applied to plan modification where unsecured creditorswould not be paid in full. (Bankr. M.D. Tenn.)
Issue(s)
Modification of Plan After Confirmation; Requirements.

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Consumer opinion summary, case decided on May 11, 2016 , LexisNexis #1116-102

In re Royal

Ruling
Expenses of repairing motor vehicle were not grounds for modification of chapter 13 plan.
Issue(s)
Whether expenses debtors were facing to repair the collateral (vehicle) were sufficiently substantial and unanticipated to warrant Plan modification.

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Consumer opinion summary, case decided on May 02, 2016 , LexisNexis #0516-138

In re Cooper

Ruling
Application for compensation denied to the extent it sought modification of a confirmed planafter debtors had completed payments. (Bankr. D. Idaho)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed.

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Consumer opinion summary, case decided on April 06, 2016 , LexisNexis #1116-064

In re Rankin

Ruling
Trustee's motions for order for debtor to turn over and account for a postpetition inheritance, and for modification of debtor's confirmed chapter 13 plan granted.
Issue(s)
Should debtor be compelled to turn over and account for a postpetition inheritance and could trustee modify debtor's confirmed chapter 13 plan in order to increase payment to the class of unsecured creditors with the inheritance?

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Consumer opinion summary, case decided on March 14, 2016 , LexisNexis #0416-032