In re Mast

*489 MEMORANDUM DECISION AND ORDER GRANTING TRUSTEE’S MOTION TO ENFORCE THE TERMS OF THE CONFIRMED PLAN

Before the Court is a motion brought by Chapter 18 Trustee David L. Skelton (“Trustee”) entitled “Motion to Enforce the Terms of the Confirmed Plan” (“Motion”), by which Trustee seeks to increase the plan length and the dividend to unsecured creditors under the confirmed Chapter 13 plan (“Plan”) of Debtors PHILLIP E. and VICTORIA ROSE K. MAST.( Debtors oppose the Motion claiming it is an invalid attempt to modify the Plan, which they have fully performed by paying creditors the full 74% promised return.

To rule on the Motion, the Court must interpret the recently decided and controlling authority of Danielson v. Flores (In re Flores), 735 F.3d 855 (9th Cir.2013), in the context of the Southern District of California Bankruptcy Court’s form Chapter 13 plan used by Debtors in this case. This form plan, although it is recommended rather than required, has been widely used in this Court for many years. Because many similar motions have come before the Court in recent months, the Court writes this decision to set forth its analysis that the proper characterization of the Motion is…