Filed: Jul. 24, 2018
Latest Update: Jul. 24, 2018
Summary: ORDER DISAPPROVING THE DEBTORS' PROPOSED CHAPTER 13 PLAN MODIFICATION THOMAS J. TUCKER , Bankruptcy Judge . On June 20, 2018, the Debtors filed a proposed modification of their Chapter 13 Plan (Docket # 85). The modification proposes, in part, for the Debtors to pay part of their overdue tax refunds to the Trustee ($3,000.00) by August 1, 2018. The Court concludes that the proposed plan modification is impermissible, because the plan as modified would exceed the five-year limit in 11 U.S.C.
Summary: ORDER DISAPPROVING THE DEBTORS' PROPOSED CHAPTER 13 PLAN MODIFICATION THOMAS J. TUCKER , Bankruptcy Judge . On June 20, 2018, the Debtors filed a proposed modification of their Chapter 13 Plan (Docket # 85). The modification proposes, in part, for the Debtors to pay part of their overdue tax refunds to the Trustee ($3,000.00) by August 1, 2018. The Court concludes that the proposed plan modification is impermissible, because the plan as modified would exceed the five-year limit in 11 U.S.C. ..
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ORDER DISAPPROVING THE DEBTORS' PROPOSED CHAPTER 13 PLAN MODIFICATION
THOMAS J. TUCKER, Bankruptcy Judge.
On June 20, 2018, the Debtors filed a proposed modification of their Chapter 13 Plan (Docket # 85). The modification proposes, in part, for the Debtors to pay part of their overdue tax refunds to the Trustee ($3,000.00) by August 1, 2018. The Court concludes that the proposed plan modification is impermissible, because the plan as modified would exceed the five-year limit in 11 U.S.C. § 1329(c). For this reason, the Court cannot approve the modification. See, e.g., In re Jacobs, 263 B.R. 39, 49-50 (Bankr. N.D.N.Y. 2001); In re DeBerry, 183 B.R. 716, 717-18 (Bankr. M.D.N.C. 1995); In re Cutillo, 181 B.R. 13, 16 (Bankr. N.D.N.Y. 1995).
Section 1329(c) provides:
(c) A plan modified under this section may not provide for payments over a period that expires after the applicable commitment period under section 1325(b)(1)(B) after the time that the first payment under the original confirmed plan was due, unless the court, for cause, approves a longer period, but the court may not approve a period that expires after five years after such time.
11 U.S.C. § 1329(c) (emphasis added).
The 60-month plan in this case was confirmed on February 13, 2013 (Docket ## 41, 59), so the first payment after confirmation was due in February 2013. The 60-month period therefore ended in February 2018. The proposed Plan modification cannot be approved, because the Debtors' 60-month confirmed Plan in this case expired in February 2018.1 Under § 1329(c), the Court cannot approve any plan modification in this case that provides for payments to be made by the Debtors to the Trustee after February 2018.
For these reasons, the Court must disapprove the Debtors' proposed plan modification.
Accordingly,
IT IS ORDERED that the proposed plan modification (Docket # 85) is disapproved.
