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Home » Chapter 13 » SUBCHAPTER II » § 1329

Christopher Conte v. Johnny Hill, et al

  • Summarized by Caleb Chaplain , U.S. Bankruptcy Court, Western District of Virginia
  • 7 months 2 weeks ago
Citation:
24-10264 (11th Circuit, Aug 01,2025) Not Published
Case Status:
Affirmed
Ruling:
The Eleventh Circuit affirmed the bankruptcy court’s denial of the chapter 13 trustee’s motions to modify two debtors’ plans. The Circuit held that while the trustee’s proposed...
Judge(s):
Branch, Abudu, and Kidd
Tag(s):

In re: JOHNNY BRACKSTON HILL

  • Summarized by Jonathan Batiste , Rensselaer Polytechnic Institute
  • 7 months 2 weeks ago
Citation:
No. 24-10264 (11th Circuit, Aug 01,2025) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the 11th Circuit affirmed the district court's affirmation of the bankruptcy court’s denial of Trustee’s motions to modify confirmed chapter 13 bankruptcy plans...
Judge(s):
Branch, Abudu, and Kidd
Tag(s):

Germeraad v. Powers, No. 14-CV-03128 (7th Cir. June 23, 2016) (unpublished).

  • Summarized by Kurt Carlson , Carlson Dash LLC
  • 9 years 8 months ago
Citation:
Germeraad v. Powers, No. 14-CV-03128 (7th Cir. June 23, 2016) (unpublished).
Ruling:
A bankruptcy court has discretion to modify a Chapter 13 plan based on an increase in the Debtors’ post-confirmation income.
Judge(s):
Bauer, Williams, and Adelman (District Judge of the Eastern District of Wisconsin, sitting by designation)
Tag(s):

Pliler v. Stearns (In re Pliler)

  • Summarized by James Clarke , Akin Gump Strauss Hauer & Feld LLP
  • 11 years 11 months ago
Citation:
Pliler v. Stearns (In re Pliler), Case No. 13-1445 (4th Cir. Mar. 28, 2014)
Ruling:
In a published opinion, the Fourth Circuit affirmed the bankruptcy court holding that above-median debtors are obligated to maintain chapter 13 plans for 5 years where unsecured creditors are not...
Judge(s):
Duncan, Wynn, and Thacker (Opinion written by Wynn)
Tag(s):

Johnson v. Fink (In re Johnson)

Citation:
Johnson v. Fink, No. 11-6037 (BAP 8th Cir., November 2, 2011)
Ruling:
Once a chapter 13 plan is confirmed, it is binding upon the debtor unless the plan is modified and approved by the court under Sec. 1329(a) after a substantial change in circumstances. A plan...
Judge(s):
Kressel, Saladino, Nail
Tag(s):

Mattson v. Howe (In re Mattson)

  • Summarized by Jason Wax , Wax Law PLLC
  • 13 years 11 months ago
Citation:
Mattson v. Howe (In re Mattson), Ch. 13 Case No. 10-50455, BAP No. WW-11-1478-JuHKi (9th Cir. BAP Apr. 5, 2012)
Ruling:
Subject to the good faith requirements of Section 1329, and the Court's discretion, a debtor may modify his or her plan to reduce the term below the applicable commitment period required for an...
Judge(s):
Lynch; Jury; Hollowell; and Kirscher
Tag(s):

State of New Hampshire v. McGrahan (In re McGrahan)

  • Summarized by Bodie Colwell , Preti Flaherty LLP
  • 14 years 2 months ago
Citation:
In re McGrahan, No. 09-13578 (B.A.P. 1st Cir. Dec. 7, 2011)
Ruling:
The B.A.P. concluded the bankruptcy court erred as a matter of law for two reasons. First, the bankruptcy court erroneously ruled that because the Second Modified Plan no longer contained a...
Judge(s):
Feeney, Tester, and Hoffman
Tag(s):

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