From the Editor – Modification

By The Honorable William Houston Brown (Retired)

Postconfirmation modified plan not required to comply with projected disposable income test. After confirmation of above-median debtor’s plan, debtor’s income decreased and he moved to modify to reduce term of plan and distribution to unsecured creditors. The court concluded that § 1329(a)(2) permits shortening of plan term and that § 1325(b)’s projected disposable income is not enumerated in § 1329(b)(1)’s modification requirements. The split of authority on the issue was discussed, concluding that “the inclusion of section 1325(b) in the requirements . . .

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