IN RE SUNAHARA

BAP No. NC-04-1327-SHB, Bankruptcy No. 03-32816 DM.

326 B.R. 768 (2005)

In re Frayne SUNAHARA, Debtor. Frayne Sunahara, Appellant, v. David Burchard, Chapter 13 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed — June 27, 2005.


Attorney(s) appearing for the Case

Cathleen Cooper Moran, Moran Law Group, Inc., Mountain View, CA, for appellant.

Adam N. Barasch, Office of David Burchard, Foster City, CA, for appellee.

Before: SMITH, HOLLOWELL, and BRANDT, Bankruptcy Judges.


Argued and Submitted on January 20, 2005 at San Francisco, California.

OPINION

SMITH, Bankruptcy Judge.

At issue in this appeal is whether a debtor may modify a confirmed 36-month chapter 132 plan so as to pay it off in a single lump sum and receive an early discharge. The bankruptcy court held that debtor, Frayne Sunahara, was not so entitled. We REVERSE and REMAND.

FACTS

Debtor commenced his chapter...

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