Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee

In re Nachon-Torres, 520 B.R. 306 (Bankr. S.D. Fla. November 24, 2014) (Isicoff): Modification of a confirmed Chapter 13 plan under § 1329 can only be effected based upon changes in the debtor’s circumstances which were not known or not virtually certain; when a plan is modified, the “best interest of creditors test” is applicable as of the date of the modified plan.

Case Summary

Judge Isicoff considered several Chapter 13 cases where debtors had sought to modify . . .

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