§ 1329

Berkley, In re--Berkley v. Burchard

Ruling: 
Bankruptcy court did not abuse its discretion in granting trustee's motion to modify theconfirmed plan to increase payments to unsecured creditors. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on April 17,2020, LexisNexis #0620-047

Beauboeuf, In re

Ruling: 
Motion to prepay plan payments was granted as the motion made no changes to the plan andtherefore was not a modification. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on March 10,2020, LexisNexis #0420-072

Black, In re--Black v. Leavitt

Ruling: 
Bankruptcy court erred in confirming modified plan requiring debtor to turn over to trusteeany excess in sale proceeds specified in the original plan. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on December 31,2019, LexisNexis #0220-048

Schroeder, In re

Ruling: 
Debtor was allowed to bifurcate an undersecured mortgage claim on her principal residence asthe last payment on the original payment schedule was due before the final payment underthe Chapter 13 plan. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on September 30,2019, LexisNexis #1219-023

Scholl, In re

Ruling: 
Motion for modification denied as it failed to satisfy the best interests and good faith tests.(Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on August 23,2019, LexisNexis #1019-095

Ray, In re

Ruling: 
Court denied counsel's application for additional attorney fees as the Bankruptcy Codeforbids modification after completion of payments under the plan. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on July 01,2019, LexisNexis #0919-023

Mrdutt, In re--Derham-Burk v. Mrdutt

Ruling: 
Debtors could not modify their plan to surrender their residence as the surrender was apayment made outside the 60-month time limit. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on May 06,2019, LexisNexis #0819-020

O'Reilly, In re--Beveridge v. Vidunas

Ruling: 
Post-confirmation modification denied for lack of unanticipated change in circumstances.(Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on March 18,2019, LexisNexis #0519-047

Santillan, In re

Ruling: 
Overpayment credited to balance owed under modified chapter 13 plan where the modification was retroactively effective as of the date it was filed. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-057

Marshall, In re

Ruling: 
Reconversion to chapter 13 was denied as the plan modification could not provide for payments over a period that expired after the applicable commitment period. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on September 20,2018, LexisNexis #1118-058

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