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§ 1329(a)

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 Love

Ruling
Chapter 13 plan could be modified to strike special provision and reducing the percentage owed to general unsecured creditors.
Issue(s)
How should the bankruptcy court address a debtor's inability to complete a plan, including a special provision for payment of general unsecured creditors, which was not feasible at the outset, despite five years of diligent payments?

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Consumer opinion summary, case decided on February 24, 2016 , LexisNexis #0316-101

In re Ragland

Ruling
Debtor could not modify plan to correct drafting error where three years had passed since confirmation
Issue(s)
Could debtor modify chapter 13 plan after three years premised upon an alleged drafting error listing him as "above median income?"

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Consumer opinion summary, case decided on January 08, 2016 , LexisNexis #0216-136

In re Ramos

Ruling
Debtor could not modify plan postconfirmation before completion of payments to provide for surrender of collateral.
Issue(s)
Could chapter debtor modify confirmed plan to provide for surrender of property as full payment of claim where direct payments on the mortgage called for by the plan had not been made?

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Consumer opinion summary, case decided on November 13, 2015 , LexisNexis #1215-100

In re Stepp

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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Consumer opinion summary, case decided on October 23, 2015 , LexisNexis #1215-027

In re Anderson

Ruling
Chapter 13 plan modification proposed in good faith could be approved.
Issue(s)
Could chapter 13 plan be modified to provide for surrender of vehicle than had developed a transmission problem.

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Consumer opinion summary, case decided on October 19, 2015 , LexisNexis #1115-068

In re Doherty

Ruling
Modification of chapter 13 plan was not required following sale of property that did not result in an improvement of debtors' financial circumstances.
Issue(s)
Did capital gain recorded on chapter 13 debtors' tax return constitute disposable income that would justify a plan modification as requested by trustee?

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Consumer opinion summary, case decided on February 10, 2015 , LexisNexis #0315-064

In re Pautin

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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Consumer opinion summary, case decided on November 25, 2014 , LexisNexis #1214-137

In re Jordan

Ruling
Modification of plan to limit term and reduce percentage recovery denied.
Issue(s)
Could debtor modify a chapter 13 plan to limit the term and reduce the percentage recovery?

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Consumer opinion summary, case decided on July 22, 2014 , LexisNexis #0914-032

In re White

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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Consumer opinion summary, case decided on May 16, 2014 , LexisNexis #0614-100