- 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
:
In re Conley
Jan
14
2014
Ruling
Plan modification to recharacterize allowed secured claim denied.
Issue(s)
Could debtor modify chapter 13 plan in order to recharacterize creditor's secured claim.
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Court
:
In re Ridings
Dec
22
2013
Ruling
Debtor could not modify confirmed chapter 13 plan to reclassify secured claim as unsecured and pay less than the full amount of the claim.
Issue(s)
Could debtor modify confirmed chapter 13 plan to reclassify secured debt as unsecured and not pay creditor the full amount of its claim?
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Court
:
In re King
Oct
18
2013
Ruling
Plan modified to provide for increased payments in order to reimburse property taxes paid by creditor.
Issue(s)
Should plan be modified to increase monthly payments to provide for reimbursement of property taxes paid by creditor.
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Court
:
Warren v. PNC Bank Inc. (In re Warren)
Oct
04
2013
Ruling
Debtors not entitled to reclassify claim postconfirmation.
Issue(s)
Could debtors reclassify secured claim as unsecured, due to loss of equity in property, four years after confirmation.
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Court
:
In re Garajau
Sep
30
2013
Ruling
Debtor was not required to amend confirmed plan following appreciation in property value.
Issue(s)
Where certain real property of debtor's appreciated in value as a result of a post-confirmation settlement of a lawsuit, whether the debtor's failure to amend her confirmed plan to devote the new equity to general unsecured creditors constituted bad faith that was cause for dismissal under 11 U.S.C.S. § 1307(c).
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Court
:
In re Salpietro
Jun
10
2013
Ruling
Upward modification of plan payments requested trustee in response to debtor's downward modification of loan payments denied.
Procedural posture
Chapter 13 debtors sought an order approving a loan modification which would reduce their monthly mortgage payment by $970. In response, the chapter 13 trustee moved under 11 U.S.C.S. § 1329(a) to upwardly modify the debtors' confirmed chapter 13 plan and require them to commit an additional $800 per month towards repayment of unsecured creditors.
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Court
:
In re Juarbe
Apr
29
2013
Ruling
Debtor could not modify plan to strip off or cram down second and third mortgages.
Procedural posture
Before the court was debtor's motion to postpone case closure until determination of secured status of creditor. A hearing was held with respect to the Motion.
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Court
:
In re Racine
Feb
01
2013
Ruling
Modification granted due to increased income and expenses.
Procedural posture
Bankruptcy debtors asserted that their financial circumstances warranted reduction of monthly payments and payments to claims under their confirmed plan. The debtors moved to modify their plan, and the bankruptcy trustee objected to modification.
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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
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