11 USC § 1229 - Modification of plan after confirmation | Title 11 - Bankruptcy | U.S. Code

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 112-131. (See Public Laws for the current Congress.)

(a) At any time after confirmation of the plan but before the completion of payments under such plan, the plan may be modified, on request of the debtor, the trustee, or the holder of an allowed unsecured claim, to—

(1) increase or reduce the amount of payments on claims of a particular class provided for by the plan;

(2) extend or reduce the time for such payments; or

(3) alter the amount of the distribution to a creditor whose claim is provided for by the plan to the extent necessary to take account of any payment of such claim other than under the plan.

(b)

(1) Sections 1222 (a), 1222 (b), and 1223 (c) of this title and the requirements of section 1225 (a) of this title apply to any modification under subsection (a) of this section.

(2) The plan as modified becomes the plan unless, after notice and a hearing, such modification is disapproved.

(c) A plan modified under this section may not provide for payments over a period that expires after three years after the time that the first payment under the original confirmed plan was due, unless the court, for cause, approves a longer period, but the court may not approve a period that expires after five years after such time.

(d) A plan may not be modified under this section—

(1) to increase the amount of any payment due before the plan as modified becomes the plan;

(2) by anyone except the debtor, based on an increase in the debtor’s disposable income, to increase the amount of payments to unsecured creditors required for a particular month so that the aggregate of such payments exceeds the debtor’s disposable income for such month; or

(3) in the last year of the plan by anyone except the debtor, to require payments that would leave the debtor with insufficient funds to carry on the farming operation after the plan is completed.

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(a) At any time after confirmation of the plan but before the completion of payments under such plan, the plan may be modified, on request of the debtor, the trustee, or the holder of an allowed unsecured claim, to—

(1) increase or reduce the amount of payments on claims of a particular class provided for by the plan;

(2) extend or reduce the time for such payments; or

(3) alter the amount of the distribution to a creditor whose claim is provided for by the plan to the extent necessary to take account of any payment of such claim other than under the plan.

(b)

(1) Sections 1222 (a), 1222 (b), and 1223 (c) of this title and the requirements of section 1225 (a) of this title apply to any modification under subsection (a) of this section.

(2) The plan as modified becomes the plan unless, after notice and a hearing, such modification is disapproved.

(c) A plan modified under this section may not provide for payments over a period that expires after three years after the time that the first payment under the original confirmed plan was due, unless the court, for cause, approves a longer period, but the court may not approve a period that expires after five years after such time.

(d) A plan may not be modified under this section—

(1) to increase the amount of any payment due before the plan as modified becomes the plan;

(2) by anyone except the debtor, based on an increase in the debtor’s disposable income, to increase the amount of payments to unsecured creditors required for a particular month so that the aggregate of such payments exceeds the debtor’s disposable income for such month; or

(3) in the last year of the plan by anyone except the debtor, to require payments that would leave the debtor with insufficient funds to carry on the farming operation after the plan is completed.

Source

(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f),Oct. 27, 1986, 100 Stat. 3113, 3124; Pub. L. 103–65, § 1,Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a),Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2),Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1,Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1,May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1,June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1,May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a),May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a),Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a),Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a),Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title X, §§ 1001(a)(1), (c), 1006(b),Apr. 20, 2005, 119 Stat. 185–187.)

Codification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title.

Amendments

2005—Subsec. (d). Pub. L. 109–8, § 1006(b), added subsec. (d).

Effective Date of 2005 Amendment

Amendment by section 1006(b) ofPub. L. 109–8effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 ofPub. L. 109–8, set out as a note under section 101 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, March 12, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

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"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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11 USC	Description of Change	Session Year	Public Law	Statutes at Large

11 USC § 1229 - Modification of plan after confirmation

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