From the Editor – Modification of Plan

By The Honorable William Houston Brown (Retired)

Trustee could not modify plan to increase dividend or term but debtors were bound by plan language. When debtors had paid the plan’s 74% dividend in the 55th month of the confirmed plan, the trustee was unable to modify the plan to change the percentage return to unsecured creditors; however, the trustee’s motion was more properly characterized as one to enforce the total plan provisions. The plan provided that unsecured creditors would receive “74% or a pro-rata share of $_________ [an uncompleted blank space], whichever is . . .

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