From the Editor – Plan Modification • NACTT Academy

From the Editor – Plan Modification

By The Honorable William Houston Brown (Retired)

For modification purposes, best interests test remains at petition date. In an examination of post-confirmation sale of the debtor’s home that yielded excess of homestead exemption, the Court concluded that the best-interests of creditors’ calculation was performed as of the petition date, rather than time of modification. Section 1329 does not provide a measuring date, and the Court examined three views of the applicable time, agreeing with the majority view that the petition date was appropriate. The Court next examined the five . . .

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