In re Coleman (Case No. 19-10093)

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The debtors moved to continue the hearing on confirmation of their original chapter 12 plan and extend the deadline for concluding the confirmation hearing for cause pursuant to § 1224.  The debtors requested additional time to establish historical evidence of an additional stream of income for purposes of feasibility and to allow the debtors to amend their original plan to address objections filed by the secured creditors, the chapter 12 trustee, and the Bankruptcy Administrator.  The debtors made it clear that they would not seek confirmation of their original plan but intended to file an amended plan.  The Court held that there was not cause to continue the confirmation hearing nor was there cause to extend the 45-day period for concluding the confirmation hearing under § 1224.  In so holding, the Court determined that, under § 1223(b), if the debtors file a modified plan, the modified plan will become the plan for purposes of the deadline for confirmation of the plan under § 1224.

Friday, June 21, 2019
Index Heading: 
Chapter 12 Plans