In re Campbell
United States Bankruptcy Court, D. New Mexico
1Opinion of the Court
MEMORANDUM OPINION
DAVID T. THUMA, Bankruptcy Judge.
Debtors filed a motion to modify their confirmed Chapter 13 plan after discovering a previously unknown obligation to make a large balloon payment at the end of their 60-month plan period. The balloon payment was added to Debtors’ plan because their monthly disposable income was miscalculated.
The Chapter 13 trustee (“Trustee”) objected to the motion. She argues that a deal is a deal, and that Debtors should perform as agreed. The Trustee moved to dismiss the case for Debtors’ failure to make the balloon payment. After taking testimony and…
2Cases cited22 opinions
- LeBlanc v. SalemCourt of Appeals for the First Circuit · 1999
- In the Matter of Ronald J. Witkowski, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
- In the Matter of Russell E. Sinclair, Sr. And M. Marguerite Sinclair, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1989
- Barbosa v. SolomonCourt of Appeals for the First Circuit · 2000
- Sunahara v. Burchard (In Re Sunahara)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
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