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Accept Higher Payment at Confirmation Hearing and then Modify Plan?
Posted: Wed Feb 24, 2010 5:44 pm
by Yahoo Bot
Once plan is confirmed you will have to show a change in circumstances to amend the plan. If you need an amendment, you probably need to continue the hearing and file an amended plan.
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The post was migrated from Yahoo.
Accept Higher Payment at Confirmation Hearing and then Modify Plan?
Posted: Wed Feb 24, 2010 4:05 pm
by Yahoo Bot
If I understand my issue correctly, I have a dilemma facing me before a confirmation hearing tomorrow.
I need to know whether I should accept a higher payment than I proposed and then seek to modify the plan or if I should seek a continuance and then file an amended plan and take a later confirmation hearing date.
Right now, I have filed an amended plan that raised the plan payment from 4% to 5% to the general unsecured. Because some of the claims have switched to secured debts (too small to contest) the general payment at 5% has spiked the overall monthly payment $200 from $850 to $1000, approximately, even though the Schedule I and J calculation would have left it at $850.
First, does it even matter which of these strategies I pursue?
Second, is there anything gained by having the confirmation hearing over and done with? The standards that the court and the trustee will use are the same with either strategy I might take, correct?
The post was migrated from Yahoo.