Section 1329(c), as it currently exists, forecloses the ability of Chapter 13 debtor to modify a confirmed plan to alter the plan payment amount while maintaining an extended plan, previously approved under the CARES Act. (Hanan) In re Nelson, 2022 WL 6795096 (Bankr. E.D. Wis. October 11, 2022) Case Summary Immediately after the onset of the COVID-19 pandemic, Congress sought...
Critical Case Comment
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By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)
There is no requirement to show a change in circumstance in order to modify a Chapter 13 plan pursuant to § 1329. Whaley v. Guillen (In re Guillen), 2020 WL 5015287 (11th Cir. Aug. 25, 2020) (Marcus)
Case Summary
Rachel Guillen filed a Chapter 13 petition in August of 2015. She disclosed two secured creditors: Central Mortgage Company holding a first mortgage and Wells Fargo, allegedly, holding a secured priority mortgage on the debtor’s home. Guillen, however, disputed the validity of the lien that Wells Fargo . . .
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