Critical Case Comment

By Kevin R. Anderson, Chapter 13 Trustee for the District of Utah

In re Stain, Slip Copy, 2013 WL 5217800 (Bankr. D. Utah, Sept. 16, 2013) (Hon. William T. Thurman).

The court will not modify a plan nunc pro tunc to retroactively eliminate plan payments so as to effect a permanent forgiveness of a debtor’s delinquency. However, upon a showing of good cause, and after notice and a hearing, the court can prospectively modify a plan to cure the delinquency while at the same time lowering a debtor’s plan payment.

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