- 11 U.S.C.
Madoff, In re--Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec., LLC
Apr
07
2017
Ruling
Trustee’s determinations denying customer claims was granted as the claimants failed toqualify as customers as defined in the Securities Investor Protection Act. (Bankr. S.D.N.Y.)
Issue(s)
Modification of Plan After Confirmation.
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:
- 11 U.S.C.
Luman, In re
Feb
08
2017
Ruling
Modification of plan was approved where debtor mistakenly provided for a 60-month plan of reorganization when a 36-month plan was required. (Bankr. E.D. Mich.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed; Extension or Reduction of Time for Payment.
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Court
:
- 11 U.S.C.
In re Roehm
Dec
08
2016
Ruling
Trustee's motion to modify chapter 13 plans denied as the debtors' prepayment of theirconfirmed plans did not justify a finding of cause to further amend their plans. (Bankr. S.D. Ill.)
Issue(s)
Modification of Plan After Confirmation.
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Court
:
- 11 U.S.C.
In re Escarcega
Sep
26
2016
Ruling
Plan that would allow debtor’s to modify plan without leave of court could not be confirmed.(Bankr. N.D. Cal.)
Issue(s)
Could plan containing provisions intended to authorize debtors to pay off their plans and obtain a discharge at any time after confirmation without having to go through the plan modification process and without having to pay allowed unsecured claim
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Court
:
- 11 U.S.C.
In re Smith
Sep
07
2016
Ruling
Modification of chapter 13 plan allowed to the extent that mortgage payments were no longer necessary after sale of residence.
Issue(s)
Could debtor's chapter 13 plan be modified following the sale of debtor's residence and satisfaction of mortgage debt?
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Court
:
- 11 U.S.C.
In re Smith
Sep
07
2016
Ruling
Modification of chapter 13 plan allowed to the extent that mortgage payments were no longer necessary after sale of residence.
Issue(s)
Could debtor's chapter 13 plan be modified following the sale of debtor's residence and satisfaction of mortgage debt?
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Court
:
- 11 U.S.C.
In re Smith
Sep
07
2016
Ruling
Modification of chapter 13 plan allowed to the extent that mortgage payments were no longer necessary after sale of residence.
Issue(s)
Could debtor's chapter 13 plan be modified following the sale of debtor's residence and satisfaction of mortgage debt?
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Court
:
- 11 U.S.C.
In re Scarver
Aug
23
2016
Ruling
Debtor could modify plan after motor vehicle was damaged in an accident. (Bankr. M.D. Ala.)
Issue(s)
Whether a Chapter 13 debtor acting in good faith may modify her confirmed plan to surrender collateral and reclassify any deficiency balance as an unsecured claim?
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Court
:
- 11 U.S.C.
In re Wilson
Aug
05
2016
Ruling
Trustee’s modified plan proposing use of proceeds of accident settlement could be approved.(Bankr. W.D. La.)
Issue(s)
What was the proper disposition of settlement proceeds of debtor’s postconfirmation action arising out of a motor vehicle accident?
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Court
:
- 11 U.S.C.
In re Williams
Jul
28
2016
Ruling
Changed financial circumstances that did not impact debtor’s ability to pay did not justifyplan modification. (Bankr. E.D.N.C.)
Issue(s)
Did mortgagee’s cancellation of debt justify a modification of debtor’s chapter 13 plan?
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Court
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