In re Gibson

(Bankr. E.D. Ky. Mar. 20, 2015)

The bankruptcy court denies the chapter 13 debtor’s motion to modify his plan. The debtor sought to reclassify the creditor’s secured claim as an unsecured claim. Apparently, the creditor may have perfected its lien postpetition, but the confirmed chapter 13 plan nevertheless treated the claim as secured. Following missed plan payments to the creditor, the debtor sought the plan modification. The court holds that while modifications to the amount or timing of specific payments may be permitted, modifications to reclassify claims are prohibited. Opinion below.

2015-03-20 – in re gibson

Author: Matt Lindblom