Farm Credit Services v. Steven L. Swackhammer, No. 22-6006 (8th Cir. 2023)
Annotate this Case
After the bankruptcy court allowed Chapter 12 debtors – several years in a row – to modify their confirmed plan over the objection of their primary secured creditor, that creditor appealed. The issues are whether the bankruptcy court abused its discretion by confirming the debtors’ fourth modified plan under 11 U.S.C. Section 1229 without requiring the debtors to show an “unanticipated and substantial change in circumstances” and whether, under whatever standard applicable to plan modifications, the court’s factual findings were clearly erroneous.
The Eighth Circuit affirmed. The court held that, at a minimum, a substantial change in circumstances is required to justify modification of a plan under Section 1229. The bankruptcy court’s alternate ruling that the debtors met their burden of showing an unanticipated, substantial change in circumstances is not clearly erroneous, nor is the bankruptcy court’s finding that the fourth modified plan was feasible and confirmable.
Court Description: [Norton, Author, with Dow, Chief Judge, and Surratt-States, Bankruptcy Appellate Panel Judges] Bankruptcy Appellate Panel. Under the circumstances, the bankruptcy court did not abuse its discretion by confirming the Chapter 12 debtors' fourth modified plan under 11 U.S.C. Sec. 1229; modifications under Section 1229(a) require a showing, at a minimum, of a "substantial change of circumstances;" the bankruptcy court's ruling that debtors met their burden of showing an unanticipated, substantial change in circumstances is not clearly erroneous, nor is that court's finding that the fourth modified plan was feasible and confirmable. [ May 22, 2023 ]
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.