- 11 U.S.C.
Pratt, In re
Jan
23
2023
Ruling
Court found that it was appropriate to modify the debtors' Chapter 13 plan to increase planpayments to account for car insurance, fuel and maintenance and increased HSA contribution.(Bankr. D. Idaho)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed; Increase or
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Court
:
- 11 U.S.C.
Croniser, In re
Aug
23
2022
Ruling
Debtor was required to place his share of the net sale proceeds into a trust for the benefit ofhis creditors as the debtor experienced a substantial and unanticipated change in his financialcondition. (Bankr. E.D.N.C.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed; Increase or
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Court
:
- 11 U.S.C.
Powell, In re
Apr
07
2022
Ruling
Trustee's motion to modify the debtors' plan granted. (Bankr. C.D. Ill.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed; Increase or
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Court
:
- 11 U.S.C.
Pinet, In re
Apr
14
2017
Ruling
Request for plan modification approved as trustee established a legitimate reason for the proposed modification where the sale of the property made it possible for the debtors to pay more to their unsecured creditors. (Bankr. D. Me.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed; Increase or Reduction of Payments.
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Court
:
- 11 U.S.C.
In re Williams
Jul
28
2016
Ruling
Changed financial circumstances that did not impact debtor’s ability to pay did not justifyplan modification. (Bankr. E.D.N.C.)
Issue(s)
Did mortgagee’s cancellation of debt justify a modification of debtor’s chapter 13 plan?
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Court
:
- 11 U.S.C.
In re Stepp
Oct
23
2015
Ruling
Plan payments increased due to substantial increase in debtors' income.
Issue(s)
Was debtor's increase in income grounds for increase in chapter 13 plan payments?
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:
- 11 U.S.C.
In re Pautin
Nov
25
2014
Ruling
Trustee's motion to modify plan to recapture past additional income denied as it would render plan infeasible.
Issue(s)
Could trustee modify debtor's plan to require increased plan payments?
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Court
:
- 11 U.S.C.
In re White
May
16
2014
Ruling
Debtor's plan modified to reflect nonexempt proceeds of life insurance policy on life of co- debtor spouse.
Issue(s)
Should the bankruptcy court sustain trustee's objection to debtor's amended claim of exemptions, claiming as exempt $50,000 in life insurance proceeds received postpetition following the untimely death of debtor's spouse, and allow modification of the debtor's confirmed chapter 13 plan to increase the base gross due under the plan?
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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.
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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.
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Court
: