Case No. 10-66172, (Jointly Administered)[1] .United States Bankruptcy Court, E.D. Michigan.
October 10, 2011
ORDER DENYING DEBTOR’S MOTION FOR THE COURT TO ABSTAIN FROM APPROVING OR DISAPPROVING OF DEBTOR’S PROPOSED HOME MORTGAGE MODIFICATION
THOMAS TUCKER, Bankruptcy Judge
This matter came before the Court upon the Motion filed in these jointly-administered cases by the Debtors George and Melinda Shamoun, entitled “MOTION FOR AN ORDER OF THE COURT ABSTAINING FROM APPROVAL OR DISAPPROVAL OF HOME MORTGAGE MODIFICATION WITH FLAGSTAR BANK FSB” (Docket # 172, the “Motion”). The Court concludes that the Motion must be denied, because any mortgage loan modification with Flagstar Bank will require modification of Debtors’ confirmed Chapter 11 plan. Debtors must file and serve a proposed plan modification under 11 U.S.C. § 1127(e), and any such plan modification must be approved by the Court. Abstention is not appropriate. Accordingly,
IT IS ORDERED that the Motion (Docket # 172) is denied.