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In re Niday (Case No. 11-72431) 08/27/2013

The court considered whether a chapter 13 below median income debtor has the unqualified right to pay off early the remaining payments due under the terms of a confirmed plan providing for payments over a term of thirty-six months when the total of such remaining payments would be insufficient to pay all allowed unsecured claims in full.  The court concluded that there was no such unqualified right but that a debtor may seek modification of a confirmed plan for that purpose under the provisions of section 1329.

Date: 
Tuesday, August 27, 2013
Category: 
Chapter 13 Issues
Conversion and Dismissal
Plan Modification
Chapter: 
13