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§ 1329(b)

In re Robenhorst

Ruling
Plan modification prepared in good faith due to larger than anticipated mortgage arrearages confirmed over trustee's objection.
Procedural posture

Chapter 13 debtors sought to modify their confirmed plan under 11 U.S.C.S. § 1329(b) but the Trustee objected, arguing that the debtors must dedicate at least 50 percent of their tax refunds to payment of unsecured creditors under the plan.

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Consumer opinion summary, case decided on April 14, 2011 , LexisNexis #0511-069

In re King

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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Consumer opinion summary, case decided on October 20, 2010 , LexisNexis #1110-136

In re Hall

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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Consumer opinion summary, case decided on August 31, 2010 , LexisNexis #1010-066

In re Ludwig

Ruling
Modification calling for indefinite suspension of payments due to wife's unemployment denied.
Procedural posture

Debtors, a married couple, moved to modify their chapter 13 plan pursuant to 11 U.S.C.S. § 1329 to suspend payments based on the wife's loss of employment, such suspension to remain in place until the wife became employed once again. The chapter 13 trustee objected to the motion on the ground that it was too vague and that a specific period of suspension had to be identified.

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Consumer opinion summary, case decided on November 20, 2008 , LexisNexis #0109-092

In re Osborne

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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opinion summary, case decided on February 05, 2007 , LexisNexis #0407-032