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§ 1329

In re Wimpee

May
11
2006
Ruling
Trustee's motion to modify debtor's chapter 13 plan was granted since early payment of monetary amount of plan did not relieve debtors of duty to make payments for at least three years.
Procedural posture

In a chapter 13 proceeding, a trustee brought a motion to modify the debtors'plan from 35 percent to 75 percent for unsecured non-priority creditors pursuant to 11 U.S.C. § 1329(a)(1). The debtors filed an objection to the motion and filed a motion for entry of discharge under 11 U.S.C. § 1328(a).

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opinion summary, case decided on May 11, 2006 , LexisNexis #0706-140
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In re Bell

Mar
03
2006
Ruling
Creditor's secured claim on a car was disallowed as long as the debtor surrendered the insurance proceeds from the car that was totaled in an accident during the performance of a confirmed plan.
Procedural posture

In a chapter 13 case, a creditor sought allowance of its secured claim. Debtor sought to treat the deficiency at issue as an unsecured claim.

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opinion summary, case decided on March 03, 2006 , LexisNexis #0406-067
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In re McCollum

Feb
22
2006
Ruling
Court approved debtor's accelerated lump sum payment proposal to complete the debtor's plan since the proposal was in the best interests of creditors and was made in good faith.
Procedural posture

Debtor filed a Motion For Permission To Sell Property Of Estate. The motion requested authority to sell his home for $37,000. Since the property was unencumbered, debtor was asserting the homestead exemption over the first $25,000 in net sale proceeds. Debtor proposed to pay the remaining proceeds, estimated to be $12,000, to claimants as an accelerated lump sum payment of the amounts due under his plan. The chapter 13 trustee objected.

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opinion summary, case decided on February 22, 2006 , LexisNexis #0506-032
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