From the Editor’s Desk – Plan Modification

By The Honorable William Houston Brown (Retired)

Change of circumstances required for post-confirmation modification. Reviewing issues concerning the requirements for modification of confirmed plans, the court noted first that § 1329 provides for the court’s discretion in whether to approve modification, and that there was a split of authority on whether a change in circumstances is required as a threshold. The court held that in considering motions to modify, it would consider whether the proposed modification fits within the statutory grounds of § 1329, whether the circumstances giving rise to the proposed modification were unknown or . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

William-1_print_2019
Recent case authority has not been favorable for consumer debtor attorneys seeking approval of bifurcated fees in Chapter 7 cases.
Members
moran_cathy
February 18, 2024
The initial meeting with a prospective bankruptcy client is the most important work I do as a bankruptcy lawyer. It’s also the hardest.
Members
November 3, 2019
By Henry E. Hildebrand, III, Standing Chapter 13 Trustee for the Middle District of TN (Nashville) A creditor may request an extension of time to file a claim under Rule 3002, F.R.B.P. only where the conditions of that rule have been fully satisfied; the filing of a defective list of creditors does not permit an extension of the time for...
Members
Copy of Hildebrand-2016
March 19, 2023
Below-median Chapter 13 debtor bears the burden of justifying a plan longer than three years as confirmation of a five-year plan would be denied as providing insufficient justification to exceed three years. (Robinson) In re Ingram, 2023 WL 2529730 (Bankr. N.D. Ala. March 15, 2023) Case Summary Danny Ingram filed four bankruptcy cases over 20 years. He was single with...
Members
kennedy
December 3, 2023
The Honorable David S. Kennedy, retired Chief U. S. Bankruptcy Judge, Western District of Tennessee, passed away on November 26, 2023.
April 28, 2019
By William H. Brown, Adviser to The Academy d/b/a ConsiderChapter13.org In the most recent opinion on the issue, as of this writing, the Court in In re Rivera, 2019 WL 1430273 (Bankr. D. Ariz. Mar. 28, 2019), in perhaps still a minority view, concluded that debtors’ default in making all direct postpetition mortgage payments was not a failure to complete...
Members
Copy of Hildebrand-2016
February 27, 2022
Chapter 13 debtor is not obligated to pay both the disposable income pool and the best interest of creditors test pool to achieve confirmation, only the larger of the two; it is not a manifestation of bad faith that the debtor does not pay both the disposable income pool and the best interest of creditors test amounts. (Altenberger) In re...
Members
moran_cathy
December 17, 2023
Part I discusses projecting income tax deductions on the means test when the year of filing situation looks much like last year. Part II looks at things when they aren’t the same year over year.
Members
July 14, 2019
By Henry E. Hildebrand, III, Chapter 13 Standing Trustee (Nashville, TN) One of the issues raised at the public hearings of the Commission concerned Chapter 7 trustees that would not take prompt action to abandon exempt or partially exempt assets but, would retain assets in the hope that there might be equity in the future to sell the asset for...
Members
rmichaelsmith
September 18, 2022
As we observe the growing discussion over the tremendous amount of outstanding student loan debt, several points of clarification might do us well. There are those favoring relief for debtors now unable to pay their student loans. They have proposed various forms of relief, including several forgiveness programs and re-allowing such debts to be discharged in bankruptcy under more usual...
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: