Legal Opinion
In Re Grutsch
United States Bankruptcy Court, D. Kansas
Decided June 29, 2011No. 10-40216PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER DENYING DEBTOR’S MOTION TO MODIFY PLAN AFTER CONFIRMATION
JANICE MILLER KARLIN, Bankruptcy Judge.
The issue before the Court is the post-BAPCPA interplay between 11 U.S.C. §§ 1325(b)(4) and 1329(a)(2), specifically whether this (originally) above-median income Debtor, who began this case with a 5-year applicable commitment period, can modify her plan so she only has to pay into her plan for three years without paying unsecured creditors in full. This Court holds she can do so, so long as the requirements of 11 U.S.C. § 1329(b) are fully satisfied, which includes the…
2Cases cited25 opinions
- Department of Revenue of Ore. v. ACF Industries, Inc.Supreme Court of the United States · 1994
- Gordon R. And Sharon L. Flygare, Debtors-Appellants v. Judith A. BouldenCourt of Appeals for the Tenth Circuit · 1983
- Sunahara v. Burchard (In Re Sunahara)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
- In Re FrickerUnited States Bankruptcy Court, E.D. Pennsylvania · 1990
- Alexander v. Hardeman (In Re Alexander)Bankruptcy Appellate Panel of the Tenth Circuit · 2007
20 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In Re MattsonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- In re PautinUnited States Bankruptcy Court, W.D. Texas · 2014
- In re CampbellUnited States Bankruptcy Court, D. New Mexico · 2013
- In re McAllisterUnited States Bankruptcy Court, N.D. Georgia · 2014
- In re StretcherUnited States Bankruptcy Court, W.D. Texas · 2011
12 more not listed; retrieve them via the Exa API.