Case 19-50149-rlj13 Doc 30 Filed 11/22/19 Entered 11/22/19 11:59:45 Page 10 of 11 11    Conclusion Under § 1325(b)(1)(B), (b)(2), and (b)(3) of the Bankruptcy Code, the Prices’ plan, to be confirmed, must meet the expense standards set forth in § 707(b)(2)(A) and (B). Form 122C-2, the use of which is mandated by the Judicial Conference of the United States under Rule 9009 and prescribed by Rule 1007(b)(6), serves to implement § 707(b) (in accordance with § 1325(b)(3)) and thus incorporates the mandated IRS National and Local Standards for the debtors’ calculation of disposable income. The calculation “is not only the starting point in calculating above-median-income Chapter 13 debtor’s ‘projected disposable income,’ but in most cases, it is determinative.”

In Hoskins, Matter of, 102 F.3d 311, 313 (7th Cir. 1996) (citing 11 U.S.C. § 1325(a)(5)(b)), the Seventh Circuit characterized the circumstances under which a debtor can legally retain possession of the property as requiring the creditors to “in effect refinance their loans.” The latter alternative, wherein the debtor surrenders the property under 11 U.S.C. § 1325(a)(5)(c), cannot be characterized as any less monumental of a change to the legal and contractual relationship between the debtor and creditor than a refinance of the loan. This reality, in turn, cannot be more apparent than when the surrender is effected in full satisfaction of the secured creditor’s claim.

Here, there is no simple fact of the matter as to whether Plaintiffs’ Wells Fargo account was or was not discharged. Mortgage debts can be discharged in a Chapter 13, see 11 U.S.C. §1325(a)(5); In re Curtis, 322 B.R. at 481, and Plaintiffs’ plan plainly provides for the debt, suggesting that by the discharge order’s own terms, that claim was in fact discharged. But, as the order itself notes, there are some exceptions.

Here, there is no simple fact of the matter as to whether Plaintiff’s MetLife account was or was not discharged. Mortgage debts can be discharged in a Chapter 13, see 11 U.S.C. §1325(a)(5); In re Curtis, 322 B.R. at 481, and Plaintiff’s plan plainly provides for the debt, suggesting that by the discharge Case 1:17-cv-00892-MHC-LTW Document 5 Filed 04/21/17 Page 15 of 24 - 16 - order’s own terms, that claim was in fact discharged. The order discharged Plaintiff from all debts provided for by the confirmed plan which listed MetLife as a creditor, see Doc.

Here, there is no simple fact of the matter as to whether Plaintiffs PNC account was or was not discharged. Mortgage debts can be discharged in a Chapter 13, see 11 U.S.C. §1325(a)(5); In re Curtis, 322 B.R. at 481, and Plaintiffs’ plan plainly provides for the debt, suggesting that by the discharge order’s own terms, that claim was in fact discharged. But, as the order itself notes, there are some exceptions.

Nor is there a provision in the bankruptcy code that prohibits discharging mortgage debts in a Chapter 13 bankruptcy. See 11 U.S.C. § 1325(a)(5) (describing how secured claims may be Case 1:17-cv-00903-CC-JFK Document 6 Filed 04/21/17 Page 12 of 23 - 13 - provided for in the plan); In re Curtis, 322 B.R. 470, 481 (Bankr. D. Mass. 2005) (explaining that under 11 U.S.C. § 1325(a)(5) “modification may include converting a secured claim to an unsecured claim, even on a debtor’s principal residence, where the claim is wholly unsecured” and that the claim may be discharged); see also Horsch, 94 F. Supp. 3d at 665 (describing part of putative class as Chapter 13 debtors who continued to pay their mortgages in order to stave off foreclosure). Further, some bankruptcy courts construing 11 U.S.C. § 1328’s exception for long term debts treated under § 1322(b)(5), which Plaintiff seems to rely on (see Compl.

08 Software Copyright (c) 1996-2012 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 12-66663-mgd Doc 128 Filed 09/24/13 Entered 09/24/13 20:20:41 Desc Main Document Page 5 of 5 Case 1:16-cv-02757-LMM-RGV Document 22-2 Filed 10 28/16 Page 5 of 6 UNITED STATES BANKRUPTCY COURT Northern District of Georgia Atlanta Division In Re: Debtor(s) Larry Jerome Moore 207 Winter Avenue Atlanta, GA 30317 xxx−xx−3368 Case No.: 12−66663−mgd Chapter: 13 Judge: Mary Grace Diehl ORDER CONFIRMING PLAN The Chapter 13 Plan of Debtor or Debtors (hereinafter "Debtor") has been transmitted to all creditors. Debtor's plan, or plan as modified, satisfies the requirements of 11 U.S.C. § 1325. Accordingly, it is ORDERED that (1) The Chapter 13 plan is confirmed; (2) Property of the estate shall not revest in Debtor until the earlier of discharge of Debtor, dismissal of the case, or closing of case without the entry of a discharge, unless the Court orders otherwise; (3) A creditor must have a proof of claim filed with the Clerk of Court in order to receive a distribution under this plan, without regard to any other provision of the plan; and (4) Because no party in interest has filed a request for an order of dismissal pursuant to 11 U.S.C. § 521(i)(2) and because the parties in interest should not be subjected to any uncertainty as to whether this case is subject to automatic dismissal under § 521(i)(1), Debtor is not required to file any further document pursuant to § 521(a)(1)(B) to avoid an automatic dismissal and this case is not and was not subject to automatic dismissal under § 521(i)(1).

Date: September 4, 2012 /s/ Jayson R. Davis, Bar No.: 608053 Berry & Associates 2751 Buford Hwy Suite 400 Atlanta, Georgia 30324 (404) 235-3300 /s/ Willie Frank Pritchett, Jr. /s/ Rosa Mae Pritchett Case 12-11364-whd Doc 23 Filed 09/03/12 Entered 09/03/12 14:52:22 Desc Main Document Page 6 of 6 Case :15-cv-00197-TCB-RGV Document 32-4 Filed 08/09/16 Page 7 of 7 Exhibit  E  Confirmation  Order  Case 3:15-cv-00197-TCB-RGV Document 32-5 Filed 08/09/16 Page 1 of 2 UNITED STATES BANKRUPTCY COURT Northern District of Georgia Newnan Division In Re: Debtor(s) Willie Frank Pritchett Jr. 9 Wilson Circle Newnan, GA 30263 xxx−xx−9940 Rosa Mae Pritchett 9 Wilson Circle Newnan, GA 30263 xxx−xx−3857 Case No.: 12−11364−whd Chapter: 13 Judge: W. Homer Drake ORDER CONFIRMING PLAN The Chapter 13 Plan of Debtor or Debtors (hereinafter "Debtor") has been transmitted to all creditors. Debtor's plan, or plan as modified, satisfies the requirements of 11 U.S.C. § 1325. Accordingly, it is ORDERED that (1) The Chapter 13 plan is confirmed; (2) Property of the estate shall not revest in Debtor until the earlier of discharge of Debtor, dismissal of the case, or closing of case without the entry of a discharge, unless the Court orders otherwise; (3) A creditor must have a proof of claim filed with the Clerk of Court in order to receive a distribution under this plan, without regard to any other provision of the plan; and (4) Because no party in interest has filed a request for an order of dismissal pursuant to 11 U.S.C. § 521(i)(2) and because the parties in interest should not be subjected to any uncertainty as to whether this case is subject to automatic dismissal under § 521(i)(1), Debtor is not required to file any further document pursuant to § 521(a)(1)(B) to avoid an automatic dismissal and this case is not and was not subject to automatic dismissal under § 521(i)(1).

Id. Accordingly, to the extent that debtors have excess or discretionary income beyond their projected disposable income as determined via the methodology required by either 11 U.S.C. § 1325(b)(2) or (3), Bentley permits them to utilize those funds during the applicable commitment period to make additional voluntary payments to student loan creditors. Salazar, 543 B.R. at 674 (citing Stull, 489 B.R. at 222 n.24) (an above-median debtor can have discretionary income because his or her actual monthly income exceeds his or her historical current monthly income; a below-median debtor can only have discretionary income if his or her actual monthly income is greater than the historical current monthly income the Bankruptcy Code requires to use to determine a chapter 13 debtor’s projected disposable income).

Here, Plaintiff’s Chapter 13 Bankruptcy Plan was confirmed, but Plaintiff’s debt owed to BANA has not been discharged. See 11 U.S.C. §§ 1325 and 1328. Yet, Plaintiff alleges that BANA’s reporting of the Loan was inaccurate because the information stated that the Loan was included in the confirmed Chapter 13 plan, and reported a $0 balance with delinquent payments listed – as stated in Footnotes 3 and 4, such information was not inaccurate.