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IN RE STOREY

No. 07-8049.

392 B.R. 266 (2008)

In re Tony M. STOREY and Laura D. Storey, Debtors. Tony M. Storey and Laura D. Storey, Appellants, v. Frank M. Pees, Chapter 13 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Sixth Circuit.

Decided and Filed: August 7, 2008.

Attorney(s) appearing for the Case

ARGUED: John F. Canizzaro, Canizzaro, Fraser, Bridges, Jillisky & Streng, Marysville, OH, for Appellants. John W. Kennedy, Office of the Chapter 13 Trustee, Worthington, OH, for Appellee. ON BRIEF: John F. Canizzaro, Donald R. Jillisky, Canizzaro, Fraser, Bridges, Jillisky & Streng, Marysville, OH, for Appellants. John W. Kennedy, Office Of The Chapter 13 Trustee, Worthington, OH, for Appellee.

Before: PARSONS, RHODES, and SHEA-STONUM, Bankruptcy Appellate Panel Judges.

OPINION

MARILYN SHEA-STONUM, Bankruptcy Judge.

The Debtors appeal an order of the bankruptcy court granting the chapter 13 trustee's motion to modify the Debtors' confirmed plan. The modification sought to correct the chapter 13 trustee's preconfirmation mistake in calculating the plan's length with a resulting increase in the dividend to unsecured creditors from 7% to 50%. For the reasons that follow, we REVERSE the decision of the bankruptcy court.

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