Nicole Bryant

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
IN RE: 	:
:
NICOLE BRYANT 	: 	Case No. 07-10505PM
: 	Chapter 13
Debtor 	:
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MEMORANDUM OF DECISION
This case comes before the court on the Debtor’s Motion to modify her Chapter 13 Plan
after confirmation and the Trustee’s opposition thereto. The matter came before the court for
hearing on December 4, 2007. Debtor demonstrated that as a result of her disability incurred
following entry of the Order confirming her Plan that she was unable to make both Plan
payments and payments to a secured creditor coming due after confirmation. The Trustee
opposes, finding the failure of the Debtor to prove feasibility of this increased Plan payment and
the failure of the mortgagee to file a claim for post-petition default. The secured creditor took no
position on the motion.
From the Debtor’s representations, the court finds that she can make the payments as
proposed. Nothing prevents the Debtor or the Trustee from filing a proof of claim on behalf of
the secured creditor, Sutton Federal, LLC, pursuant to Bankruptcy Rule 3004. The court would
find that the failure to file this claim sooner would be as the result of excusable neglect.
In closing, the court notes that three Circuit Courts have held that the right of debtors to
modify confirmed Chapter 13 plans to cure post-petition defaults on secured claims. In re
Mendoza, 111 F.3d 1264 (CA5 1997); In re Nichols, 440 F.3d 850 (CA6 2006); In re Hoggle, 12
F.3d 1008 (CA11 1994). An appropriate order will be entered.
Date signed December 05, 2007
Entered: December 05, 2007 Case 07-10505 Doc 47 Filed 12/05/07 Page 1 of 2

cc:
Scott D. Arnopol, Esq., 601 Pennsylvania Ave., N.W., #900, Washington, DC 20004
Timothy P. Branigan, Esquire, P.O. Box 1902, Laurel MD 20725-1902
Nicole Bryant, 3208 Maygreen Avenue, District Heights, MD 20747
End of Memorandum
Case 07-10505 Doc 47 Filed 12/05/07 Page 2 of 2