Critical Case Comment: In re Heideker

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee

In re Heideker, 455 B.R. 263 (Bankr. M.D. Fla., June 2, 2011) (Adams)

If a Trustee objects to a Chapter 13 Debtor’s proposed plan modification, the Debtor cannot shorten the term of the plan below the applicable commitment period unless the Debtor pays all unsecured claims in full.

Case Summary

Debtors in two Chapter 13 cases proposed to modify their plans to pre-pay the amount they had proposed to pay when their plans were confirmed but do so . . .

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