By Daryl J. Smith, Senior Staff Attorney to Sylvia Ford Brown, Chapter 13 Trustee (Memphis, TN) and Katherine L. Rea, Staff Attorney to Pamela Simmons-Beasley, Chapter 13 Trustee (Columbia, SC) Is there ever a reason to oppose a voluntary dismissal of a chapter 13 that has not been converted from a chapter 7? Maybe. But will you be successful? Probably...
CRITICAL CASE COMMENT: In re Mattson
Print This Article
Link to Post:
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee, Nashville, TN
In re Mattson, 2011 WL 3798844 (Bankr. W.D. Wash, Aug. 26, 2011) (Lynch)
To modify a confirmed Chapter 13 plan a debtor must demonstrate that there has been a substantial change in the debtor’s circumstances and the proposed plan change correlates to the changes experienced by the debtors; debtors may not, without cause, shorten the terms of their Chapter 13 plans.
Case Summary
The Debtors filed a Chapter 13 plan in December 2010. They had above median income but . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Critical Case Comment – Frontloading Attorney’s Fees
Is Voluntary Dismissal of a Chapter 13 Case an Absolute Right?
Creditors’ Rights and Debtors’ Protections at the Intersection of Consumer Bankruptcy and UCC Article 9
Sanctions in South Carolina
From the Editor
Navigating Secured Creditors Who File Unsecured Chapter 13 Claims
ABI Commission on Consumer Bankruptcy – Definition of “Tax Return” for Purposes of Nondischargeability
Federal District Court Affirms Decision that Residential Loan Modification Does Not Alter Lien Priority in Pennsylvania
Escrow 102 – Part 3 of 4
Fraud Imputed to Partner – Bartenwerfer v. Buckley