- 11 U.S.C.
Helmeid, In re
May
22
2018
Ruling
Modification that reduced amount of secured claim was impermissible. (Bankr. E.D.N.C.)
Issue(s)
Modification of Plan After Confirmation; Requirements; Compliance with Provisions Governing Plan, Preconfirmation Modification, and Confirmation.
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Court
:
- 11 U.S.C.
In re Wilson
Aug
05
2016
Ruling
Trustee’s modified plan proposing use of proceeds of accident settlement could be approved.(Bankr. W.D. La.)
Issue(s)
What was the proper disposition of settlement proceeds of debtor’s postconfirmation action arising out of a motor vehicle accident?
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Court
:
- 11 U.S.C.
In re Zuccarell
Jul
18
2016
Ruling
Plan modification denied due to debtor’s lack of good faith.
Issue(s)
Should debtors’ motion to modify their chapter 13 plan be granted?
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Court
:
- 11 U.S.C.
In re Ford
Nov
13
2015
Ruling
Debtor could modify plan where medical condition resulted in decrease income.
Issue(s)
Could chapter 13 debtor who was disabled and could not longer work as a pilot modify plan based on resulting reduced income?
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Court
:
- 11 U.S.C.
In re Hernandez
Jan
28
2015
Ruling
Trustee not entitled to modify debtors' chapter 13 plan payments based on unanticipated increase in income, but was entitled to turnover of tax refund for the year of the increase.
Issue(s)
Could trustee modify debtors' plan to increase monthly payments subsequent to unanticipated increase in income and could trustee also obtain debtor's tax refund for the corresponding period?
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Court
:
- 11 U.S.C.
In re Tengan
Oct
15
2014
Ruling
Below-median debtors could modify plan to shorten term.
Issue(s)
Could below-median debtors reduce their plan term from sixty to thirty-six months along with a reduction in payments?
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Court
:
- 11 U.S.C.
In re King
Oct
20
2010
Ruling
Postconfirmation modification of above median debtors' plan was subject to 60-month term requirement.
Procedural posture
Debtors' Second Amended Plan had been confirmed in 2006. Before the court was debtors' Third Amended Plan. The Chapter 13 Trustee objected.
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Court
:
- 11 U.S.C.
In re Hall
Aug
31
2010
Ruling
Plan modified to reflect lump sum Social Security Disability Income benefit to debtor spouse.
Procedural posture
After debtors' Chapter 13 plan was confirmed, the trustee made a motion to modify the plan based on an award of Social Security Disability Income (SSDI) benefits to debtor wife. The award consisted of a lump sum award and monthly payments to the wife and her two dependent children. Debtors objected to the trustee's motion.
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Court
:
- 11 U.S.C.
In re Ludwig
Nov
20
2008
Ruling
Modification calling for indefinite suspension of payments due to wife's unemployment denied.
Procedural posture
Debtors, a married couple, moved to modify their chapter 13 plan pursuant to 11 U.S.C.S. § 1329 to suspend payments based on the wife's loss of employment, such suspension to remain in place until the wife became employed once again. The chapter 13 trustee objected to the motion on the ground that it was too vague and that a specific period of suspension had to be identified.
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Court
:
- 11 U.S.C.
In re Osborne
Feb
05
2007
Ruling
Trustee's motion to modify confirmed plan to increase dividend to unsecured creditors granted.
Procedural posture
A trustee filed a motion to modify the debtors'confirmed chapter 13 plan to comply with 11 U.S.C. § 1325(b)(1)(B). The debtors opposed the motion.
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Court
: