- Case No. 12-11509
Issue: Whether a debtor who missed multiple post-petition mortgage payments should have her case dismissed under the Fifth Circuit's ruling in Matter of Kessler (655 Fed. Appx. 242, 2016) if the debtor has obtained a mortgage modification that would eliminate the post-petition arrearages.
RULING: Though the debtor is in breach of her confirmed plan by failing to pay direct post-petition sums to her mortgage company, dismissal is inappropriate where the debtor may seek to modify her confirmed plan to incorporate the terms of a mortgage modification.