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From the Editor – Modification of Plan
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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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