From the Editor’s Desk – Plan Modification

By The Honorable William Houston Brown (Retired)

Modification denied to recapture past additional income but plan was modified to require turnover of future tax refunds. The trustee moved to modify a confirmed plan after the debtor’s monthly income increased due to working extra shifts as a registered nurse. The debtor testified that she was no longer getting extra shifts and did not expect that for the foreseeable future. As to the question of whether § 1329(b)’s disposable income test applies to postconfirmation modifications, the court reviewed conflicting authority and found persuasive the analysis in . . .

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