· 12/18/2007
Fridley v. Forsythe (In Re Fridley)
Citations
- 380 B.R. 538
- 2007 WL 4625243
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that prepayment of a chapter 13 plan does not complete the temporal elements of a plan for purposes of § 1329
- holding that when a confirmed plan specifies a fixed term, “[a] debtor desiring to prepay a chapter 13 plan and obtain an early discharge without paying allowed unsecured claims in full must follow the § 1329 modification procedure.”
- \Subsequent increases in [a debtor’s] actual income can be captured for creditors by way of a § 1329 plan modification . . . .\
- “Before BAPCPA, the § 1325(b)(1) ‘three-year period’ operated as a temporal requirement. After BAPCPA, the § 1325(b)(1
- “[T]he statutory concept of ‘completion’ of payments includes the completion of the requisite period of time.”
- “Subsequent increases in [a debtor’s] actual income can be captured for creditors by way of a § 1329 plan modification . . . .”
Source: CourtListener parenthetical corpus (CC0).
Judges: Klein, Montali, Jury
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.