In Re Harry & Larry Maronde Partnership

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

After defaulting on payments due under a confirmed Chapter 12 plan, the debtors Harry and Ruth Maronde filed a new Chapter 12 case and proposed to restructure treatment of secured claims which were impaired in the previous bankruptcy case.

I conclude that the restrictions on modification of a confirmed plan set forth in 11 U.S.C. § 1229 cannot be circumvented by simply filing a new bankruptcy case. The Motions for Relief from Stay are granted.

Before the Court are two, recently filed, related Chapter 12 bankruptcy cases in which a plan has not…