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IN RE BROWN

BAP No. 97-8094.

219 B.R. 191 (1998)

In re Charlie D. BROWN and Jimmie M. Brown, Debtors. George W. LEDFORD, Appellant, v. Charles D. BROWN, et al., Appellees.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided April 1, 1998.

Attorney(s) appearing for the Case

Scott G. Stout, argued, Englewood, OH, on brief: George W. Ledford, Englewood, Ohio, for Appellant.

Katherine C. McGuire, argued, McGuire, Hines & Steigerwald, Dayton, OH, for Appellees.

Before BAXTER, LUNDIN, and RHODES, Bankruptcy Appellate Panel Judges.

OPINION

Although a confirmed Chapter 13 plan is subject to modification under 11 U.S.C. § 1329, an unanticipated and substantial change in the debtor's circumstances is not a prerequisite to postconfirmation modification under § 1329. Since the bankruptcy court erroneously imposed threshold prerequisites to plan modification under § 1329, we vacate and remand.

I. ISSUE ON APPEAL

Whether an unanticipated and substantial change in...

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