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New Cases For the Week of December 25, 2000 - December
29, 2000
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December 26,
2000
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Case
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Court
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Holding
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| In re
Barbosa |
1st Cir. |
Although
property of the estate revests in the debtor upon confirmation of a plan
in Chapter 13, postconfirmation property of the estate includes the
proceeds of postconfirmation appreciation of nonexempt property which
has revested upon confirmation.
11 USC 1329 does not require that a proper party in
interest moving for modification of a confirmed plan prove a substantial
change in circumstances as a predicate to modification.
Accordingly, the court did not err in ordering modification of a
confirmed plan to provide for distribution to creditors of the
postconfirmation proceeds of the debtors' nonexempt commercial real
estate. |
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