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§ 1329(b)

Mercer, In re

Ruling
Court held that any plan extension beyond five years that the court approved before thesunset date should remain in effect despite a subsequent modification to the plan after thesunset date. (Bankr. D. Colo.)
Issue(s)
Modification of Plan After Confirmation; Requirements; Notice and Hearing on

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Consumer opinion summary, case decided on June 02, 2022 , LexisNexis #0722-097

Gospodarek, In re

Ruling
Objection to debtors' proposed plan modification was sustained where debtors did not comply with the order that required them to pay into the plan one-half of their 2016 and 2017 tax refunds for the benefit of creditors with allowed unsecured claims. (Bankr. E.D. Wis.)
Issue(s)
Modification of Plan After Confirmation; Requirements.

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Consumer opinion summary, case decided on August 13, 2018 , LexisNexis #0918-117

Helmeid, In re

Ruling
Modification that reduced amount of secured claim was impermissible. (Bankr. E.D.N.C.)
Issue(s)
Modification of Plan After Confirmation; Requirements; Compliance with Provisions Governing Plan, Preconfirmation Modification, and Confirmation.

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Consumer opinion summary, case decided on May 22, 2018 , LexisNexis #0618-115

Young, In re

Ruling
Trustee's motion to dismiss debtor's case denied where debtor was not precluded from seeking to modify her plan to incorporate the mortgage loan modification. (Bankr. M.D. La.)
Issue(s)
Modification of Plan After Confirmation; Requirements; Notice and Hearing on Disapproval.

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Consumer opinion summary, case decided on September 19, 2017 , LexisNexis #1017-116

In re Wilson

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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Consumer opinion summary, case decided on August 05, 2016 , LexisNexis #0916-066

In re Zuccarell

Ruling
Plan modification denied due to debtor’s lack of good faith.
Issue(s)
Should debtors’ motion to modify their chapter 13 plan be granted?

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Consumer opinion summary, case decided on July 18, 2016 , LexisNexis #0816-055

In re Groner

Ruling
Commitment period requirements applied to plan modification where unsecured creditorswould not be paid in full. (Bankr. M.D. Tenn.)
Issue(s)
Modification of Plan After Confirmation; Requirements.

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Consumer opinion summary, case decided on May 11, 2016 , LexisNexis #1116-102

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 Hernandez

Ruling
Trustee not entitled to modify debtors' chapter 13 plan payments based on unanticipated increase in income, but was entitled to turnover of tax refund for the year of the increase.
Issue(s)
Could trustee modify debtors' plan to increase monthly payments subsequent to unanticipated increase in income and could trustee also obtain debtor's tax refund for the corresponding period?

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Consumer opinion summary, case decided on January 28, 2015 , LexisNexis #0315-033

In re Tengan

Ruling
Below-median debtors could modify plan to shorten term.
Issue(s)
Could below-median debtors reduce their plan term from sixty to thirty-six months along with a reduction in payments?

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Consumer opinion summary, case decided on October 15, 2014 , LexisNexis #1114-061