From the Editor – Plan Modification

By The Honorable William Houston Brown (Retired)

HAVEN Act applied to modification when plan was confirmed prior to Act becoming law. The debtor proposed a plan modification deleting from disposable income $1,789 monthly VA disability benefits. First concluding that the HAVEN Act was applicable law at time of this decision, nothing in the Act, its legislative history or the Official Forms implementing the Act indicated that the HAVEN Act only applied to cases filed after enactment of the law. Although the Act did not provide for retroactive application, it nevertheless applied at time of proposed . . .

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