Freddie Brown v. Mary Viegelahn
- Summarized by Craig Geno , Craig M Geno PLLC
- 4 years 7 months ago
- Case Type:
- Consumer
- Case Status:
- Reversed and Remanded
- Citation:
- 19-50177 (5th Circuit, Jun 08,2020) Published
- Tag(s):
-
- Ruling:
- In a Chapter 13 plan context, a trustee's objection/argument/requirement at confirmation hearing that would prohibit certain modifications to the plan (such as the so called Molina language,from Molina v. Langehennig, 2015 WL 8494012 at*1(W.D. Tex. 2015) violates Section 1329. The bankruptcy court "should not limit Section 1329's availability based on speculation about an as-of-yet non-existent request to modify a Chapter 13 plan."
- Procedural context:
- T he debtor appealed the bankruptcy court's ruling to the district court. The district court sua sponte certified the appeal to the Fifth Circuit-which accepted it.
- Facts:
- At the Chapter 13 confirmation hearing, the bankruptcy court would only confirm the plan if the debtor chose one of two non-statutory conditions that the court would then impose. The debtor did not like either option, but rather than having his case dismissed, he accepted one of the conditions and then appealed.
- Judge(s):
- Southwick, Graves and Englehardt
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