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§ 1329(b)

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.)
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Consumer case opionion 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.)
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Consumer case opionion 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.)
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Consumer case opionion summary, case decided on September 19,2017, LexisNexis #1017-116

In re Groner

Ruling: 
Commitment period requirements applied to plan modification where unsecured creditorswould not be paid in full. (Bankr. M.D. Tenn.)
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Consumer case opionion summary, case decided on May 11,2016, LexisNexis #1116-102

In re Wilson

Ruling: 
Trustee’s modified plan proposing use of proceeds of accident settlement could be approved.(Bankr. W.D. La.)
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Consumer case opionion summary, case decided on August 05,2016, LexisNexis #0916-066

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

In re Robenhorst

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.
Ruling: 
Plan modification prepared in good faith due to larger than anticipated mortgage arrearages confirmed over trustee's objection.
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Consumer case opionion summary, case decided on April 14,2011, LexisNexis #0511-069

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