San Jose Bankruptcy Judges Enforce Model Plan Provisions in Chapter 13 Cases

While the San Francisco, Oakland and Santa Rosa divisions have been using the district model plan since 2014, San Jose only recently adopted the plan. Debtors' counsel in San Jose attempted to override certain plan terms with provisions that modified the model plan language. The provisions attempted to allow debtors to "estimate" the plan length so that the plan could be completed earlier than the "estimated" length, without notice to any parties and without filing a motion to modify the plan. In a joint opinion covering several cases the court issued a 48 page opinion denying, in part, the provisions. See full opinion here.

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