CRITICAL CASE COMMENT: In re Mattson

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee, Nashville, TN

In re Mattson, 2011 WL 3798844 (Bankr. W.D. Wash, Aug. 26, 2011) (Lynch)

To modify a confirmed Chapter 13 plan a debtor must demonstrate that there has been a substantial change in the debtor’s circumstances and the proposed plan change correlates to the changes experienced by the debtors; debtors may not, without cause, shorten the terms of their Chapter 13 plans.

Case Summary

The Debtors filed a Chapter 13 plan in December 2010. They had above median income but . . .

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