New Cases For the Week of December 25, 2000 - December 29, 2000

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December 26, 2000

Case

Court

Holding

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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