Bankr. No.:
88-50076
Chapter:
13
Date of Decision:
March 6, 1991
Issue:
(1) Whether treatment offered under original Chapter 13 plan that exceeds Code requirements must be continued in any modified plan on grounds of res judicata? (2) May a modified plan include a repayment term that exceeds five years from the date payments under the original plan began?
Ruling:
(1) No, res judicata does not prevent debtor from elimination in modified plan treatment of a claim that exceeds Code requirements especially where there was no showing that the better treatment was the result of a bargained for exchange. (2) No. ยง 1329(c) precludes a repayment term in a modified plan that exceeds five years from the date payments under the original plan began.
Full Bankruptcy Court Decision:
