- 11 U.S.C.
In re Jones
Feb
24
2011
Ruling
Pawnbroker lacked standing to seek to amend confirmed plan.
Procedural posture
This matter came before the court on the motion to amend plan and certain limited relief from order confirming plan filed by a pawnbroker in the chapter 13 debtors' bankruptcy case. It sought leave to amend the Plan, pursuant to 11 U.S.C.S. § 1329, relief from stay pursuant to 11 U.S.C.S. § 362(d), relief from the confirmation order, pursuant to Fed. R. Civ. P. 60(b), made applicable by Fed. R. Civ. P. 9024.
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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
:
- 11 U.S.C.
In re Davis
Dec
16
2010
Ruling
Debtor allowed to modify plan to reduce monthly payments and payment period due to changed circumstances.
Procedural posture
Chapter 13 debtor filed a motion to modify her confirmed plan pursuant to 11 U.S.C.S. § 1329.
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Court
:
- 11 U.S.C.
In re Kearny
Dec
03
2010
Ruling
Modification denied due to debtor's misrepresentation of income to deprive creditors of full dividend.
Procedural posture
Debtor filed a petition under Chapter 13 of the Bankruptcy Code and proposed a plan for repaying her creditors. The court confirmed the debtor's plan on July 2, 2009, and on September 15, 2010, the debtor filed a modified plan, pursuant to 11 U.S.C.S. § 1329, that proposed to reduce her plan payments to $610 per month, resulting in a 72% dividend to unsecured creditors. The Chapter 13 trustee filed an objection to the debtor's modified plan.
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Court
:
- 11 U.S.C.
In re Walker
Oct
21
2010
Ruling
Debtor spouse allowed exemption in postconfirmation proceeds of previously undisclosed personal injury action.
Procedural posture
Chapter 13 debtors, a husband and wife, filed a motion to modify their confirmed amended chapter 13 plan pursuant to 11 U.S.C.S. § 1329, proposing to pay $12,013.93 to the chapter 13 Trustee out of the proceeds from the settlement of a personal injury suit, and claiming a $15,000 exemption in the settlement funds. The Trustee objected to the motion.
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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
:
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
:
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
:
- 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 Deavila
Jun
04
2010
Ruling
Post-mortgage default amendments to plan proposing surrender of property and adjustment of payments approved.
Procedural posture
After winning confirmation of their chapter 13 plan, debtors failed to keep current on their obligations to a mortgage creditor, who thereafter won relief from stay to pursue state law remedies. Per 11 U.S.C.S. § 1329, debtors then sought court approval of proposed amendments to the plan providing for surrender of the mortgaged premises to the creditor, reduction of plan payments, and reduction of the dividend to unsecured creditors.
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Court
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