Keywords: Chapter 13 Plan Modification . Chapter 13 Plan .
Chapter 13: Plan modification issues: timing, valuations, surrender etc.2 Cases , IssueID 76 |
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Ch 7 Means Test |
Ch 13 Means Test |
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Topic Description:Section 1329 governs plan modification Lines of Cases:
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Effecive date of modified plan, for purposes of property valuation, is the date of modification, not the date of the original plan. Debtors modified plan to reflect what creditors might hope to recover in a Chapter 7 liquidation, as of the date of modification.
Effecive date of modified plan, for purposes of property valuation, is the date of modification, not the date of the original plan. Debtors modified plan to reflect what creditors might hope to recover in a Chapter 7 liquidation, as of the date of modification.
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If you're not familiar with what "case law" is, and how to use it, check out Chapter 7 of Nolo's LegalResearch: How to Find and Understand the Law for a guide to how to read through a case to get the parts that matter.
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When you read a case, check to make sure that the case's decision applies to your local district. Do this by looking at which court has decided the case -- either the U.S. Supreme Court, a court of appeal (listed here in large type), or a district court (listed in small type). Your local district court judge is not bound to follow the opinion of judges from other district courts, but often they look to these cases for advice. Your local district, however, is bound to follow decisions in cases from it governing circuit court. You'll see fairly few Supreme Court case here, but those cases are also binding on all districts."
NO! NO! NO! This is a start for your research. New cases are constantly being decided. I update this when I have time. This is only a fraction of the actual published opinions out there. Dozens of cases are handed down nationwide every week. I catalog interesting ones when I have time. They are meant to serve as a starting point for your research -- NOT as a comprehensive listing of the current state of the law.