Does the applicable commitment period and 1325(b) still apply when you modify a plan?
For a no, see In re Mattson, No. 11-1478 (B.A.P. 9th Cir. April 5, 2012) which followed the holding in In re: Sunahara on this issue. The Mattson court suggested that possible justifications for a shortened plan period might be retirement, leaving the employment market, changing jobs, or anticipated health issues justifying a shorter plan.
Aki Koyama
Staff Attorney for Kathy Dockery, Chapter 13 Trustee
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