Legal Opinion

In re Barnes

United States Bankruptcy Court, E.D. Wisconsin

Decided March 17, 2014No. 11-27724Published

1Opinion of the Court

MEMORANDUM DECISION ON TRUSTEE’S OBJECTION TO CONFIRMATION

MARGARET DEE McGARITY, Bankruptcy Judge.

This matter came before the Court on the trustee’s objection to confirmation of the debtor’s modified plan on the grounds that it improperly shortened the applicable commitment period. The issue presented is whether a debtor, who had above-medium income at the time his chapter 13 petition was filed, may, post-confirmation, reduce the plan duration to a period less than 60 months without also providing for full repayment to unsecured creditors. The trustee and the debtor submitted briefs in…

2Cases cited18 opinions

  1. Hamilton v. LanningSupreme Court of the United States · 2010
  2. In the Matter of Ronald J. Witkowski, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
  3. In Re MattsonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
  4. In Re EwersUnited States Bankruptcy Court, D. Nevada · 2007
  5. In Re KingUnited States Bankruptcy Court, S.D. Illinois · 2010

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