Court Locations

Greenbelt
6500 Cherrywood Ln - Greenbelt, MD 20770 - Main Tel: 301-344-8018 map
Baltimore
101 W Lombard St Room 8530 - Baltimore, MD 21201 - Main Tel: 410-962-2688
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Chapter 13 debtor sold real property post-confirmation and sought to retain portion of net proceeds and reduce balance of chapter 13 plan by amount paid to mortgagee at settlement and outside of plan provisions. The court granted the debtor’s request for modification and the chapter 13 trustee sought reconsideration. The Court, Duncan W. Keir, Judge, granted the motion for reconsideration. The court found that the best interest test set forth in 11 U.S.C. § 1325(a)(4) should be recalculated at the time of modification and that debtor was not entitled to reduce the funding of the chapter 13 plan to yield a lower dividend to unsecured creditors than that which would be received in a case under chapter 7.

PDF File: 
Entered: 
2003-09-17
Case: 
01-22328
Judge: 
Duncan W. Keir