In Re Richardson

MEMORANDUM DECISION

Debtor seeks to modify her Chapter 13 Plan to reduce the percentage of distribution to unsecured creditors, to nominally increase the plan payment by $75, all with the intent to allow completion of the plan within the sixty month maximum duration of a Chapter 13 plan. Most of the debt is unsecured, and debtor seeks to reduce the distribution from 100% to 46%, with no time remaining on the sixty month period.

This Court has jurisdiction to hear this matter pursuant to 28 U.S.C. § 1334 and General Order No. 312-D of the United States District Court for the Southern District of California. This is a core proceeding pursuant to 28 U.S.C. § 157 (b)(2)(L).

FACTS

Hillary Richardson (“debtor”) filed a chapter 13 petition on August 26,1990. On October 31, 1990, an order was entered confirming debtor’s plan which provided for monthly payments of $300 to the trustee and a 100% repayment to unsecured creditors. Shortly thereafter, on January 15, 1991 the Chapter 13 Trustee filed a motion to dismiss because the debtor was not making her plan payments. In her opposition, the debtor acknowledged that she had missed payments because she had lost her job in September, 1990.…