Legal Opinion
Ledford v. Brown (In Re Brown)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided April 1, 1998No. BAP 97-8094PublishedCited by 39 opinions
1Opinion of the Court
OPINION
Although a confirmed Chapter 13 plan is subject to modification under 11 U.S.C. § 1329, an unanticipated and substantial change in the debtor’s circumstances is not a prerequisite to postconfirmation modification under § 1329. Since the bankruptcy court erroneously imposed threshold prerequisites to plan modification under § 1329, we vacate and remand.
I.ISSUE ON APPEAL
Whether an unanticipated and substantial change in the debtor’s circumstances is a prerequisite to modification of a confirmed Chapter 13 plan under § 1329.
II.JURISDICTION AND STANDARD OF REVIEW
The Bankruptcy Appellate…
2Cases cited17 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Astoria Federal Savings & Loan Ass'n v. SoliminoSupreme Court of the United States · 1991
- Stoll v. GottliebSupreme Court of the United States · 1938
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- Sanders Confectionery Products, Inc. v. Heller Financial, Inc.Court of Appeals for the Sixth Circuit · 1992
12 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Pak v. eCast Settlement Corp. (In Re Pak)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- In Re BarbosaUnited States Bankruptcy Court, D. Massachusetts · 1999
- Storey v. Pees (In Re Storey)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
- In Re MattsonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- In Re EulerUnited States Bankruptcy Court, M.D. Florida · 2000
34 more not listed; retrieve them via the Exa API.