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In re Stamback (Case No. 11-71617) 04/01/2013

The chapter 13 trustee objected to confirmation of modified plans in two separate cases.  The court thus considered how payments received, pursuant to an existing wage deduction order, in the interval between the time a modified plan is prepared and the date it is actually filed, should be applied – to an existing delinquency under the confirmed plan or the obligations to accrue under the terms of the modified plan.  The court concluded that, although it may be observed that the practical effect of confirmation would be to forgive by implication payments which accrued under the confirmed plans, such a result can be expressly included in a modified plan and where otherwise appropriate confirmed.  The court overruled the trustee’s objections and confirmed the plans.

Date: 
Monday, April 1, 2013
Category: 
Chapter 13 Issues
Confirmation of Plan
Plan Modification
Chapter: 
13