The chapter 13 trustee filed a motion to alter or amend an order denying the chapter 13 trustee’s motion to modify the confirmed chapter 13 plan. The Court concluded that once a chapter 13 plan has been confirmed, the rule in Murphy provides a shield to prevent a trustee or creditor from filing a motion to modify a debtor’s chapter 13 plan when the debtor has experienced no more than an unsubstantial or anticipated change in his or her financial condition. It does not provide a sword that permits a trustee or creditor to force a debtor to pay more to their unsecured creditors than is required by statute. The Court denied the motion to alter or amend.
File:
Judge:
Date:
Monday, June 21, 2010
Category:
Chapter 13 Issues
Motion to Reconsider
Chapter:
13