11 U.S.C. § 1223

Modification of plan before confirmation

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(a) The debtor may modify the plan at any time before confirmation, but may not modify the plan so that the plan as modified fails to meet the requirements of section 1222 of this title.(b) After the debtor files a modification under this section, the plan as modified becomes the plan.(c) Any holder of a secured claim that has accepted or rejected the plan is deemed to have accepted or rejected, as the case may be, the plan as modified, unless the modification provides for a change in the rights of such holder from what such rights were under the plan before modification, and such holder changes such holder’s previous acceptance or rejection.(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3110, 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), Apr. 20, 2005, 119 Stat. 185, 186.)Editorial NotesCodification

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

Statutory Notes and Related SubsidiariesEffective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of Pub. L. 109–8, set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title. For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title.

Notes of Decisions

Cited in 6 cases, 1987–2020 · leading case: Greseth v. Fed. Land Bank (In Re Greseth), 78 B.R. 936 (D. Minnesota 1987).

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Greseth v. Fed. Land Bank (In Re Greseth), 78 B.R. 936 (D. Minnesota 1987). “Title 11 U.S.C. § 1223 (a) provides that “[tjhe debtor may modify the plan at any time before confirmation.”

In Re Stallings, 290 B.R. 777 (Bankr. D. Idaho 2003). “” 11 U.S.C. § 1223 (b). The Court therefore deems Debtors’ treatment of Creditor’s claim in the Supplement their proposed "plan” for purposes of this Decision, and will refer to the Supplement as such.”

In Re Bentson, 74 B.R. 56 (Bankr. D. Minn. 1987). “11 U.S.C. § 1223 allows a debtor to modify a plan “at any time before confirmation”.”

In Re Hyman, 82 B.R. 23 (Bankr. D.S.C. 1987). “Nor is the evidence convincing as to why the debtor did not modify his plan in the second case pursuant to 11 U.S.C. § 1223 and Bankruptcy Rule 3019 so as to present a feasible plan for confirmation.”

In Re Rivera Sanchez, 80 B.R. 6 (Bankr. D.P.R. 1987). “Pursuant to Section 1223(a), 11 U.S.C. § 1223 (a), the debtor “may modify the plan at any time before confirmation, but may not modify the plan so that the plan as modified fails to meet the requirements of section 1222 of this title.”

Jeffrey Brooks v. First Cent. Bank McCook (8th Cir. BAP 2020). “11 U.S.C. §§ 1223 (modification of plan before confirmation) and 1229 (modification of plan after confirmation).”

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