Can you modify a confirmed 60 month plan to a 36 month.

[optimistic1]

This is a hypothetical, if I file now I would get a 60 month plan. But, if I file when my first born is out of the womb, in 9 months, I would qualify for a 36 month.

Can you modify it, when that time comes, from a 60month, minus about three months, to a 36 month?

[justbroke]

You can try this. So long as you're having financial difficult, and I think you'll need to be in the plan for some period... although even that's questionable.

See In re Villanueva, 274 B.R. 836 (9th Cir. B.A.P. 2002). In this case, the person basically modified the plan from 60 months to 36 months. One or more of the creditors objected to the plan modification which spun off a series of trials and it went to the Appeals Court (9th Circuit). Finding was that it only had to be in good faith.

I don't see this any different than a hardship dismissal... or conversion. So long as the numbers show it, you should be able to change your Plan.