In re Willie and Peggy Jones, 10-004352
Ruling issued Feb. 24, 2011
By the Hon. Pamela S. Hollis
The Issue: A creditor moves to Amend the Plan and for Relief from Plan pursuant to 11 U.S.C. § 1329, relief from staypursuant to 11 U.S.C. § 362(d), and relief from the Confirmation Order, pursuant to Federal Ruleof Civil Procedure 60(b).
The Opinion: In this case the creditor was a pawn shop and the debtor had a loan from the creditor secured by jewelry. The debtor listed the pawn shop as a creditor and the plan allowed for repayment of the loan. The pawn shop received notice its status as a creditor and of the plan; however, the pawn shop never appeared in court nor objected to the plan. Only after the plan was confirmed and it had received the first payment, did it file this motion. The court dismissed all counts of the motion. The 1329 claim was dismissed because the pawn shop “is a secured creditor and only a debtor, the Trustee, or the holder of an unsecured claim can seek modification.” The court does a thorough job of analyzing the FRCP 60(b) and 11 USC 362(d) claims.