Max Recovery, Inc. v. Nguyen Hong Than (In Re Nguyen Hong Than)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding section 1325(b) did not apply to modification under section 1329 unless there is an objection from the trustee or from an unsecured creditor
• modification proposed to increase number of months of plan after fewer than anticipated claims were filed
• “Such provision [a disposable income clause] is required following an objection to plan confirmation by § 1325(b)....”
• “A pot plan provides that the debtor will pay a fixed amount, thus the percentage creditors receive will depend on the total amount of approved claims”
• assignee of unsecured creditor’s claim had standing to file modified plan to increase payout to unsecured creditors
• “Res judicata does not apply to the provisions sought to be modified.”

Source: CourtListener parenthetical corpus (CC0).