In re Green (00-50470)

The Chapter 13 debtor moved to modify her Chapter 13 plan after confirmation. The debtor wanted to modify her plan to make payments to a secured creditor that had not filed a proof of claim. The debtor had completed all payments under her original 13 plan and all allowed claims had been paid in full. The Court held that there was no pending Chapter 13 plan to modify and noted that 11 U.S.C.A. ยง 1329(a) provides that a modification be made before the completion of payments under the plan.

Wednesday, April 7, 2004