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§ 1329

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 Wood

Ruling
Debtor's unilateral reduction in plan payments following marital separation was not grounds for dismissal but proposed modification was denied as not proposed in good faith.
Issue(s)
Should debtor's case be dismissed for reducing plan payments after judgment of dissolution of marriage or could debtor obtain a modification of the plan to officially reduce the payments?

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Consumer opinion summary, case decided on January 04, 2016 , LexisNexis #0116-133

In re Mast

Ruling
Where creditors were paid early modification was not appropriate but the chapter 13 plan was to be read as providing for a 60-month length and 100 percent return.
Issue(s)
Where chapter 13 plan's proposed distribution was paid early could the plan be modified to increase the percentage return to 100 percent and the plan term to 60 months?

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Consumer opinion summary, case decided on November 17, 2015 , LexisNexis #0116-030

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 Ford

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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Consumer opinion summary, case decided on November 13, 2015 , LexisNexis #1215-101

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 Porras

Ruling
Terms of proposed modified plan apply during period between filing of the motion to modify and denial of the modification.
Issue(s)
When a motion to modify is filed, do the terms of the modified plan apply until the motion is ruled upon or the terms of the original plan?

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Consumer opinion summary, case decided on May 14, 2015 , LexisNexis #0615-066

In re Runnels

Ruling
Debtor could modify plan due to substantial, unanticipated change for the worse of financial circumstances.
Issue(s)
Could debtor modify chapter 13 plan due to unanticipated change in financial circumstances due to worsening of disability?

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Consumer opinion summary, case decided on May 11, 2015 , LexisNexis #0615-031