Legal Opinion
In Re Davis
United States Bankruptcy Court, N.D. Illinois
Decided December 16, 2010No. 19-05829PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
EUGENE R. WEDOFF, Bankruptcy Judge.
This Chapter 13 case is before the court on the debtor’s motion to modify her confirmed plan. The motion seeks to make two changes in the plan — lowering the monthly payment to creditors and reducing the payment period. The trustee has objected, arguing that the debtor failed to show that either change is permitted under § 1325(b) of the Bankruptcy Code (Title 11, U.S.C.). A major issue in dispute is whether § 1325(b) applies to motions to modify a confirmed plan. As discussed below, it does not. The only relevant requirements for…
2Cases cited25 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- TRW Inc. v. AndrewsSupreme Court of the United States · 2001
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Hamilton v. LanningSupreme Court of the United States · 2010
20 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In Re GrutschUnited States Bankruptcy Court, D. Kansas · 2011
- In re CampbellUnited States Bankruptcy Court, D. New Mexico · 2013
- In Re HeidekerUnited States Bankruptcy Court, M.D. Florida · 2011
- In re McAllisterUnited States Bankruptcy Court, N.D. Georgia · 2014
- In re SwainUnited States Bankruptcy Court, E.D. Virginia · 2014
10 more not listed; retrieve them via the Exa API.