In Re Walker

114 B.R. 847 (Bankruptcy Court N.D. NY 1990)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

Walker (Debtor(D)) filed his petition for Chapter 13 relief on October 11, 1988. The plan provided that D would pay $215 per month over a period of 54 months and provided that unsecured creditors would receive 100% of their claims. After filing his petition, D moved and married and resides with his spouse and a child. D sought to modify the plan and extend it from 54 to 60 months and reduce his monthly payments from $215 to $140 and reduce unsecured creditors to 34%. D's primary purpose is that he cannot make the payments under the original plan simply because he cannot support his wife and daughter. The Trustee objected because the change in marital status was voluntary.

Issues

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Holding & Decision

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Legal Analysis

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