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§ 1329(c)

Marshall, In re

Ruling
Reconversion to chapter 13 was denied as the plan modification could not provide for payments over a period that expired after the applicable commitment period. (Bankr. D. Mass.)
Issue(s)
Modification of Plan After Confirmation; Duration of Payments.

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Consumer opinion summary, case decided on September 20, 2018 , LexisNexis #1118-058

Meserole, In re

Ruling
Debtor's proposed modification to 2013 plan denied as it would extend payment to themortgagee several years past the five-year limitation. (Bankr. W.D.N.Y.)
Issue(s)
Modification of Plan After Confirmation; Duration of Payments.

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Consumer opinion summary, case decided on January 24, 2018 , LexisNexis #0318-026

Meserole, In re

Ruling
Debtor's proposed modification to 2013 plan denied as it would extend payment to themortgagee several years past the five-year limitation. (Bankr. W.D.N.Y.)
Issue(s)
Modification of Plan After Confirmation; Duration of Payments.

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Consumer opinion summary, case decided on January 24, 2018 , LexisNexis #0318-026

In re Moglia

Ruling
Modification to extend payment period and allow for retroactive payments denied.
Issue(s)
Whether the applicable commitment period for the chapter 13 plan payments must be extended from three years to five years when a debtor whose income is below median at the time of case filing has a subsequent increase in income to above the median?

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Consumer opinion summary, case decided on December 30, 2014 , LexisNexis #0115-100

In re Zellmer

Ruling
Plan modification denied due to failure to provide required number of monthly payments.
Procedural posture

This matter came before the court on the chapter 13 Trustee's motion to dismiss or convert for failure of debtor to make payments due as required by the confirmed plan in the case. Debtor countered with a motion to confirm a proposed modified plan, to which the trustee objected.

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Consumer opinion summary, case decided on February 23, 2012 , LexisNexis #0312-134

In re Miller

Ruling
Amended plan calling for eight month suspension of payments denied absent evidence of debtor's ability to pay.
Procedural posture

A debtor filed for relief under chapter 13 of the Bankruptcy Code and a plan was confirmed. The debtor filed an amended plan seeking to suspend payments for eight months from June 2008 through January 2009. A chapter 13 trustee objected to confirmation of the amended plan because the debtor was one month delinquent with payments under her confirmed plan.

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Consumer opinion summary, case decided on June 05, 2008 , LexisNexis #0708-069