In re Bacon, No. 02-40665, 2003 WL 26098322, at *2 (Bankr. S.D. Ga. Aug. 20, 2003) (Davis)

Requiring “catastrophic” circumstance for undue hardship is overly harsh and inconsistent with requirement that unsecured creditors receive at least what they would have received in Chapter 7 liquidation. Requirement in § 1328(b)(1) is met when: “1) debtor is unable to complete payments under a Chapter 13 plan due to a change of circumstances for which debtor is not accountable, 2) that the change was substantial in nature, 3) that it was not foreseeable at the time of the confirmation of the plan, and 4) debtor has made every effort to overcome such circumstances but is still unable to complete his plan payments.” Debtors’ circumstances were not unforeseen—fragile medical condition and earning capacity had not changed since confirmation.

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