From the Editor – Modification of Plan

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By The Honorable William Houston Brown (Retired)

Plan may not be modified to surrender. The debtors moved to modify their plan and receive discharge, proposing to surrender their residential property; however, more than 60 months had expired since the confirmed plan took effect, and the plan provided for curing and maintaining the mortgage. The trustee objected to the motion because the debtors had not made all of their required direct maintenance payments to the mortgage lender. The court noted that the word “surrender” does not appear in § 1329(a), and there is a split of authority . . .

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