On August 25, 2020, the 11th Circuit Court of Appeals issued its decision in the case of Whaley vs. Guillen (In re: Guillen), No. 17-13899 (11th Cir. 2020) in which the court dealt with an important issue with regard to the requirement to modify a chapter 13 plan. Section 1329 of the Bankruptcy Code provides for certain requirements to modify an already confirmed chapter 13 plan. The 11th Circuit rejected the chapter 13 trustee’s argument that the debtor need show a change in circumstances in addition to the requirements set forth in section 1329. The Court based its conclusion on the plain language of the statute.
By jbublick|2020-10-19T10:12:37-04:00August 25th, 2020|Uncategorized|Comments Off on Modification of Chapter 13 Plan