- 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
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- 11 U.S.C.
New Hampshire v. McGrahan (In re McGrahan)
Dec
07
2011
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
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Judge or Jurisdiction information not available
In re Davenport
Dec
07
2011
Ruling
Debtor ordered to turnover proceeds of postpetition purchase of property by state.
Procedural posture
Chapter 13 trustee filed a motion to compel debtors to turnover proceeds from the sale of property and also moved to amend the debtors' plan post confirmation, pursuant to 11 U.S.C.S. § 1329(a).
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Court
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Charlick v. Community Credit Union (In re Charlick)
Mar
04
2011
Ruling
Debtor could not seek to strip prior junior lien via postconfirmation plan modification.
Procedural posture
Plaintiff Chapter 13 debtors filed a post-confirmation complaint against defendant junior lienholder seeking a ruling that a senior mortgagee's claim exceeded the value of their residence and thus, that they could "strip" the junior lien. The debtors also filed a related plan modification, seeking to effectuate the lien strip. Both parties filed motions for summary judgment.
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Court
:
- 11 U.S.C.
In re Hutchison
Feb
03
2011
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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Court
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In re Prieto
Sep
22
2010
Ruling
Plan modified to increase plan payments after debtors' income increased post-confirmation.
Procedural posture
The chapter 13 trustee filed a motion to modify the debtor's plan pursuant to 11 U.S.C.S. § 1329(a), asserting that the payments made by the debtors pursuant to the plan should be increased because their monthly disposable income increased after the plan was confirmed.
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Court
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In re Rutt
Sep
10
2010
Ruling
Debtor could not modify confirmed plan to strip off junior mortgage based on revaluation of property.
Procedural posture
In a Chapter 13 bankruptcy proceeding, debtor made a motion to modify his Chapter 13 plan post-confirmation and made a motion under 11 U.S.C.S. § 506 to determine the secured status of creditor, which held a junior lien on his residence. The court also had before it debtor's amended modified plan.
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Court
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In re Ryan
May
28
2010
Ruling
Debtor ordered to modify plan to provide sufficient dividend to unsecured creditors.
Procedural posture
A chapter 13 trustee filed a motion to dismiss a debtor's case pursuant to 11 U.S.C.S. § 1307(c)(1) on grounds that the debtor's confirmed plan failed to address all timely filed claims and the debtor's failure to file an amended plan that did so constituted an unreasonable delay, prejudicial to creditors. The debtor opposed the trustee's motion.
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Court
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In re Owens
Feb
25
2010
Ruling
Late IRS proof of claim filed post-plan completion and prior to discharge disallowed.
Procedural posture
This matter came before the court on debtor's objection to the claim of the Internal Revenue Service (IRS).
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Court
:
- 11 U.S.C.
In re Lewis
Jun
24
2009
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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Court
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