IN RE MARTIN

Bankruptcy No. 96-17812-WCH.

232 B.R. 29 (1999)

In re William R. MARTIN and Norma J. Martin, Debtors.

United States Bankruptcy Court, D. Massachusetts, Eastern Division.

March 17, 1999.


Attorney(s) appearing for the Case

William F. Markley, Wakefield, MA, for Debtor.

David G. Baker (on the brief with Gary Donahue), Boston, MA, for U.S. Trustee.

Richard Gottlieb, for National Consumer Law Foundation.


DECISION ON DEBTORS' MOTION TO MODIFY CHAPTER 13 PLAN

WILLIAM C. HILLMAN, Bankruptcy Judge.

I. Introduction

The matter before the Court is whether a debtor may, as a result of a mortgage refinancing, modify a plan post-confirmation to provide for a lump-sum payment to satisfy 10% of the filed claims, a sum less than 10% of the projected claims scheduled and provided for in the original plan. As explained herein, I conclude that (1)...

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