In re: David Mrdutt and Christina Mrdutt
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
BRAND, Bankruptcy Judge:
Chapter 13 1 trustee, Devin Derham-Burk ("Trustee"), appeals an order granting the debtors' motion to modify their chapter 13 plan. The debtors proposed to modify their confirmed plan to surrender their residence to the lender. Trustee opposed the motion as untimely, because it was filed seven months after the debtors had completed their plan payments to Trustee. The bankruptcy court held that, because the debtors had not cured their prepetition mortgage arrears as provided for in the plan, the payments under the plan were not complete; therefore, the motion to modify…
2Cases cited29 opinions
- Rake v. WadeSupreme Court of the United States · 1993
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- In the Matter of John W. Foster, Jr. And Myrtha D. Foster, Debtors. John W. Foster, Jr., and Myrtha D. Foster v. William Heitkamp, TrusteeCourt of Appeals for the Fifth Circuit · 1982
- Max Recovery, Inc. v. Nguyen Hong Than (In Re Nguyen Hong Than)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- Powers v. Savage (In Re Powers)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
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