Chapter 13 Payment Amount Can Change, But Not Plan Length

APPLICABLE COMMITMENT PERIOD IS FIXED AS DATE OF FILING
In re Moore, Case No. 06-20031
April 2007, Judge Berger

Debtors’ circumstances changed post petition pre confirmation. Although this does not change the ACP, it can change the amount to be paid to creditors. The ACP is locked in as of the date of filing. The Court noted that 1325(b)(1) only comes into play if the trustee objects, and the trustee has the discretion to object or not.

Digest by:  Jan Hamilton, Trustee

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