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In re: Nicole M. De Roo

22 B 02091
Debtor moved to modify her chapter 13 plan seven months after confirmation. She requested a decrease in plan payments as well as a reduction in the percentage to unsecured creditors, asserting that certain expenses had increased. The chapter 13 Trustee objected to Debtor’s motion to modify.  The parties did not request an evidentiary hearing.  HELD:  Motion denied.  The utility bills Debtor submitted in support of her request were insufficient to satisfy her burden of proof that required her to establish reasonable and necessary expenses, including the amount of, and services provided for, the proposed expenses, and that her plan was proposed in good faith as required by 11 U.S.C. § 1325(a)(3).  None of the bills supported a finding that Debtor’s expenses increased post confirmation.  Similarly, Debtor’s apparently voluntary decision to increase her rent payment at the expense of her unsecured creditors was not evidence of good faith.

Tuesday, May 2, 2023