Bankr. No.:
97-40197
Chapter:
12
Date of Decision:
June 29, 1999
Issue:
Whether a Chapter 12 debtor may modify his confirmed plan regarding the treatment of FSA's claim in a manner similar to a government disaster program for which the debtor was not eligible?
Ruling:
The modification was approved. It met the criteria of § 1229. That the changes made to the confirmed plan mirrored the government program did not render the modification improper under § 1229. FSA was also cautioned that in the future it may be estopped from relying on regulations prohibiting a bankruptcy debtor from participating in certain programs when FSA sends a letter to the debtor indicating the debtor is eligible.
Full Bankruptcy Court Decision:
