Tag Archive: chapter 13 plan length

No Early Payoff, But Chapter 13 Bankruptcy Plan Modification Possible

PLAN MAY NOT PROPOSE EARLY PAYOFF BUT 1329 MAY ALLOW POST CONFIRMATION MODIFICATION In re Kidd, et al, Case No. 06-41232 August 2007, Judge Karlin The Court recognized changes in 1324(b)(4) and held that debtors may not propose an early pay off but may obtain the same in the right circumstances via 1329. Digest by: 

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My Income Is Above Median, How Long Will My Chapter 13 Plan Run?

B22C CONTROLS, OR IF DEBTOR USES I AND J, MUST HAVE A FIVE YEAR PLAN In re Beckerle, Case No.06-20572 April 2007, Judge Berger ACP is a time frame of either 3 or 5 years and not a multiplier. B22C is a starting place in determining projected disposable income to be received in the 5-year period. A negative ...

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13 Plan Length Figured as of Bankruptcy Filing Date

ACP IS FIXED BUT PLAN PAYMENT IS NOT In re Anderson, Case No. 06-20664 April 2007, Judge Berger Applicable Commitment Period is determined as of the date of filing, but the amount of the plan payment is determined as of the effective date of the plan under 1325(b). Again, the Court noted that the trustee is not required ...

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