In Re Mathews

ORDER

BENJAMIN COHEN, Bankruptcy Judge.

The debtor seeks to amend his confirmed Chapter 13 plan to include two unpaid, post-petition mortgage payments. In support of the amendment, the debtor relies on the decision of the Court of Appeals for the Eleventh Circuit from Green Tree Acceptance, Inc. v. Hoggle (In re Hoggle), 12 F.3d 1008 (11th Cir.1994). Colonial Mortgage Company, the mortgagee, agrees that In re Hoggle impacts the outcome of the matters before the Court but argues that application of In re Hoggle prevents the debtor from modifying his Chapter 13 plan to include such payments…