The plan provided that the debtors would use the income from the house to pay the expenses it generated, and retain their interest in the house at the conclusion of the plan. The creditors were to be unaffected by the debtors' ownership of the house. The house had no value for the creditors at the time of confirmation, and they have no special interest in it. Mercantile does not claim that the debtors misrepresented the circumstances at the time of filing, of confirmation, or now. What the debtors are proposing to do will have no economic impact on their creditors.
Confirmation binds the debtors and the creditors to the terms of the plan.
Since the debtors' proposal will not affect Mercantile's treatment under the plan, the Court sees no reason to deny the amendment of their schedules or to preclude them from selling the house and using the proceeds to buy another. For these reasons, Mercantile's objection will be overruled. A judgment based on this ruling will be entered on a separate document as required by FRBP 9021 and FRCP 58. This case was before the Court on the debtors' motion to exempt a home, sell it, and use the proceeds to purchase another home. The debtors were represented by John Leighty of Olathe, Kansas.