In re DelConte, No. 07-30583, 2012 WL 1739788 (Bankr. E.D. Va. May 15, 2012) (Tice)

When debtor did not reveal inheritance after confirmation or subsequent transfer of inheritance to sister, on trustee’s motion to compel modification of plan, debtor allowed 30 days to pay unsecured creditors in full else case will be dismissed without discharge. Debtor inherited one-half interest in real property worth $133,000 in December 2010. Final payment under plan was due in February 2012. Debtor did not reveal the inheritance or subsequent transfer of the inherited property to her sister. On trustee’s motion to modify plan to increase dividend to 100%, inheritance was substantial and unanticipated postconfirmation change in circumstances for purposes of Murphy v. O’Donnell (In re Murphy), 474 F.3d 143 (4th Cir. Jan. 18, 2007) (Williams, Traxler, Hamilton). Vesting of property in debtor at confirmation did not defeat trustee’s motion to modify because debtor would not be permitted to use confirmation to shield an undisclosed asset from the reach of creditors when there was a substantial and unanticipated change in circumstances. That insufficient time remains in plan to modify is a circumstance created by the debtor’s nondisclosure and does not preclude trustee’s motion to modify.

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