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§ 1329(a)(1)

New Hampshire v. McGrahan (In re McGrahan)

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
Consumer opinion summary, case decided on December 07, 2011 , LexisNexis #0112-030

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 Lewis

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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Consumer opinion summary, case decided on June 24, 2009 , LexisNexis #0809-094

In re Wimpee

Ruling
Trustee's motion to modify debtor's chapter 13 plan was granted since early payment of monetary amount of plan did not relieve debtors of duty to make payments for at least three years.
Procedural posture

In a chapter 13 proceeding, a trustee brought a motion to modify the debtors'plan from 35 percent to 75 percent for unsecured non-priority creditors pursuant to 11 U.S.C. § 1329(a)(1). The debtors filed an objection to the motion and filed a motion for entry of discharge under 11 U.S.C. § 1328(a).

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opinion summary, case decided on May 11, 2006 , LexisNexis #0706-140