By William Houston Brown, Editor and Adviser, NACTT Academy for Consumer Bankruptcy Education, Inc. Several Official and Director’s Forms related to bankruptcy filings are revised and some are new, with some already taking effect on October 1, 2019, others to take effect December 1, 2019, and others taking effect February 19, 2020. Several forms have already been updated on April...
Critical Case Comment
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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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