23bk06974
The court denied the Trustee’s motion to modify the Debtor’s chapter 13 plan. The Debtor was involved in a motor vehicle accident and was injured. Afterwards, the Debtor hired a personal injury attorney and amended his Schedules to disclose the personal injury claim. The court determined that the Trustee’s motion to modify was premature because the potential claim is unliquidated and for an uncertain amount as the Debtor has yet to file a personal injury claim. Under Section 1329 of the Bankruptcy Code, the court is not compelled to modify a plan due to a potential increase in a debtor’s ability to pay. The Trustee is not precluded from filing another motion to modify, and the court will determine if the claim meaningfully and sufficiently increases the Debtor’s ability to pay.