Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)

There is no requirement to show a change in circumstance in order to modify a Chapter 13 plan pursuant to § 1329. Whaley v. Guillen (In re Guillen), 2020 WL 5015287 (11th Cir. Aug. 25, 2020) (Marcus)

Case Summary

Rachel Guillen filed a Chapter 13 petition in August of 2015. She disclosed two secured creditors: Central Mortgage Company holding a first mortgage and Wells Fargo, allegedly, holding a secured priority mortgage on the debtor’s home. Guillen, however, disputed the validity of the lien that Wells Fargo . . .

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