In Re Mannings

MEMORANDUM AND ORDER

ROBERT L. EISEN, Bankruptcy Judge.

At issue in the present case is whether the court may approve over the objection of the mortgagee a modified Chapter 13 plan where the debtors (“the Mannings”) have failed to make current mortgage payments, but have offered testimony that circumstances which prevented them from making timely mortgage payments have changed, and where the modification proposes increased payments to cure the post filing arrearages. For the reasons set forth in this memorandum the court will allow the debtor to modify the plan and “cram down” the modification…