United States Fourth Circuit

Granting of motion to modify confirmed Chapter 13 plan in one case, but denial of modification in second case, are affirmed where: 1) in case of denial, although the debtors' residence appreciated in value post-confirmation, debtors' earned income had been reduced and they did not experience a substantial change in their financial condition, thus the doctrine of res judicata prevents modification of the debtors' confirmed plan; and 2) in case of modification, the debtor did experience a substantial and unanticipated change in his post-confirmation financial condition, and res judicata does not prevent the modification of his confirmed plan.

Appellate Information

• Argued 11/28/2006
• Decided 01/18/2007
• Published 01/18/2007

Judges

• Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• Bennett Allan Brown, Fairfax, Virginia, for Appellant in No. 05-1637.  Gerald M. O'Donnell, Alexandria, Virginia, for Appellee in No. 05-1637/Appellant in No. 05-1844.  Timothy John McGary, Fairfax, Virginia, for Appellees in No. 05-1844.