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March 5, 2010

Bankruptcy Modification

Filed under: Uncategorized — admin @ 3:55 pm

Whitney v. Drummond (In re Whitney), Nos. 04-62483-13, 07-35-H-CCL, 2008 WL 227868, at *3 (D. Mont. Jan. 28, 2008) (unpublished) (Lovell) (To shorten confirmed 60-month plan by prepayment, debtor must file motion for modification. “‘[T]here is nothing inequitable or contrary to the Bankruptcy Code, in requiring that debtors go through the plan modification process in order to pay their chapter 13 plans off early without paying allowed creditor claims in full.’”).

In re Tozer, 392 B.R. 758 (Bankr. W.D. Wis. 2008) (Martin) (Debtor’s attorney is holder of allowed unsecured claim and has standing to modify confirmed plan to pay attorney’s administrative expense claim.).

In re Gresham, No. 06-60027-MHM, 2008 WL 3484318 (Bankr. N.D. Ga. Aug. 12, 2008) (Murphy) (Since debtor can amend petition at any time under FED. R. BANKR. P. 1009, postconfirmation amendment to add creditor and to modify plan is granted absent timely objection under § 1329(b).).

See Also: Chapter 7 Bankruptcy

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