In re Howell
Nov
19
2007
Ruling
Trustee could not object to amendment of term of plan without alleging bad faith.
Procedural posture
Chapter 13 trustee objected to confirmation of the an amended chapter 13 plan filed by the debtors after confirmation of the original plan, on the grounds that the debtors could not amend the plan pursuant to 11 U.S.C. § 1329(a) to shorten the length of the plan to less than 60 months.
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Court
:
- 11 U.S.C.
In re Clouser
Oct
09
2007
Ruling
Plan modification that did not pay all unsecured creditors in full, as was possible per valuation, denied.
Procedural posture
Debtors, a married couple, moved to modify their chapter 13 plan to allow them to refinance their residence and to use the proceeds to satisfy all of their obligations under the plan with an early payoff. The chapter 13 trustee objected. At issue was whether the plan, as debtors were proposing to modify it, met the requirements of 11 U.S.C. § 1325(a)(4) and 11 U.S.C. § 1329.
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Court
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Coastal Credit LLC v. Mellors (In re Mellors)
Jul
26
2007
Ruling
Plan amended to allow for surrender of vehicle rather than payments to creditor as vehicle was found to be inoperable.
Procedural posture
The moving party, the creditor holding a security interest in debtors'car, raised an objection to the confirmation of the debtors'proposed amended chapter 13 plan. The creditor sought to have the court prohibit the debtors from modifying the chapter 13 plan to compel the creditor to accept the surrender of its collateral as payment on account of its allowed secured claim.
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Court
:
- 11 U.S.C.
In re Demske
Jul
06
2007
Ruling
Disposable income test applies to plan modifications.
Procedural posture
The debtors filed a motion to modify their confirmed chapter 13 plan. The chapter 13 trustee filed an objection.
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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
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Murphy v. ODonnell (In re Murphy)
Jan
18
2007
Ruling
Bankruptcy court properly allowed modification that provided greater payment to unsecured creditors where there was substantial change and denied in second case absent change.
Procedural posture
In two bankruptcy cases before the District Court for the Eastern District of Virginia, the chapter 13 trustee sought to modify a confirmed chapter 13 plan to increase the amount to be paid to the unsecured creditors. The bankruptcy court denied the motion to modify in case one, but granted it in case two and the district court affirmed the decisions. The trustee appealed in case one and the debtor appealed in case two.
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Meza v. Truman
Oct
16
2006
Ruling
Bankruptcy court should have heard trustee's motion for plan modification filed but not heard before completion of payments.
Procedural posture
Appellant trustee, moved to modify appellee debtors'chapter 13 bankruptcy plan. The Bankruptcy Court for the Northern District of Texas denied the motion, finding it untimely under 11 U.S.C. § 1329(a). The District Court for the Northern District of Texas affirmed that decision. The trustee again appealed.
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In re Turnbull
Aug
11
2006
Ruling
Plan modified solely to allow auto insurance proceeds to be credited against insurer's claim.
Procedural posture
Debtor husband and wife filed a bankruptcy case under chapter 13. After their amended chapter 13 plan was confirmed, their vehicle was involved in an accident and deemed a total loss. The secured creditor received the insurance proceeds and applied them to its secured claim. The debtors then filed a motion to modify the chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Arguin
Jul
24
2006
Ruling
Debtors'motion to modify their plan was denied since debtors could not strip down creditor's secured claim that had been previously crammed down when plan was confirmed.
Procedural posture
The debtors sought to modify their confirmed chapter 13 plan to allow the surrender of a used motor vehicle to the secured creditor. Pursuant to 11 U.S.C. § 1329, the debtors proposed to relegate the unpaid secured component of the claim to unsecured status for the balance of the amended plan term and sought to reduce the term of the plan from 56 months to 36 months. The creditor objected to the proposed modification.
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Court
:
- 11 U.S.C.
In re Grady
Jul
21
2006
Ruling
Debtors were not bound by calculation of monthly disposable income in Official Form B22C, and plan was confirmed since sections 1323 and 1329 allowed for modification of plan due to changed circumstances.
Procedural posture
Debtors filed a voluntary petition for relief under chapter 13. Debtors filed a proposed plan of reorganization. The chapter 13 trustee filed an objection to confirmation and requested dismissal of the case.
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Court
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