In re Carson, (Bkrtcy.E.D.Wis.)

December 17, 2008: Plans - Debtor could not modify confirmed plan to relieve her of any further payment obligation.

A Chapter 13 debtor who, because the secured claims that were filed differed from her projections, had satisfied the secured and priority claims in less than the 60 months originally planned would not be allowed to modify her confirmed plan to relieve her of any obligation to make any further payment to unsecured creditors, though the unsecured creditors may have already received the minimal 2% distribution guaranteed, and though the debtor might not originally have been obligated to propose a plan of more than 36 months. Any such attempted modification was an improper attempt to cure the debtor's default in failing to make one-half of any postpetition income tax refunds available for the payment of creditor claims, and was in the nature of an attempt to obtain a hardship discharge without satisfying the requirements therefor.