Systems & Services Technologies v. Ruby Lee Davis

In this bankruptcy appeal, we must decide whether a trustee in bankruptcy has the authority to modify a Chapter 13 confirmation plan without an order from the bankruptcy court. The district court upheld the bankruptcy court’s grant of a Chapter 13 discharge based upon the trustee’s recommendation because the debtor complied with the confirmation plan, which was unilaterally amended by the trustee. Finding the discharge improper, we VACATE the discharge granted by the bankruptcy court.

I. BACKGROUND

Defendant-appellee, Ruby Lee Davis, filed a United States Bankruptcy Code Chapter 13 petition in…