United States Fifth Circuit

Affirmance of a bankruptcy court's holding -- that a trustee-s requested modification of a confirmed plan could not be considered because it was untimely as debtors had paid the plan balance while the modification motion was pending -- is vacated and remanded where, because the modification was timely filed and would become effective after a notice period unless disapproved, it precluded debtors from making their final payment under an earlier confirmed plan.

Appellate Information

• Decided 10/16/2006
• Published 10/18/2006

Judges

• RHESA HAWKINS BARKSDALE, Circuit Judge:, Before JONES, Chief Judge, and BARKSDALE and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Angela D. Allen (argued), Law Office of Tim Truman, North Richland Hills, TX, for Appellant.


• For Appellees:
  
• James M. Morrison (argued), Jim Morrison & Associates, Fort Worth, TX, for Appellees.