U.S. Code » Title 11 » Chapter CHAPTER 12— ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME › Subchapter SUBCHAPTER II— THE PLAN

11 U.S.C. § 1229

Modification of plan after confirmation

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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;(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; or(4) provide for the payment of a claim described in section 1232(a) that arose after the date on which the petition was filed.(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.(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; Pub. L. 115–72, div. B, § 1005(b)(1)(C), Oct. 26, 2017, 131 Stat. 1234.)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.

Amendments

2017—Subsec. (a)(4). Pub. L. 115–72 added par. (4).

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

Statutory Notes and Related SubsidiariesEffective Date of 2017 Amendment

Amendment by Pub. L. 115–72 applicable to bankruptcy cases pending on Oct. 26, 2017, in which the plan under this chapter has not been confirmed on Oct. 26, 2017, and relating to which an order of discharge under section 1228 of this title has not been entered, and to bankruptcy cases that commence on or after Oct. 26, 2017, see section 1005(c) of Pub. L. 115–72, set out as a note under section 1222 of this title.

Effective Date of 2005 Amendment

Amendment by section 1006(b) of Pub. L. 109–8 effective 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 of Pub. L. 109–8, set out as a note under section 101 of this title.

Effective 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 44 cases (6 in the last 5 years), 1988–2026 · leading case: In Re Hart, 90 B.R. 150 (Bankr. E.D.N.C. 1988).
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In Re Hart, 90 B.R. 150 (Bankr. E.D.N.C. 1988). · cites it 12× “The modification was opposed by the Federal Land Bank of Columbia (“FLB”) on the grounds that the modification violates 11 U.S.C. § 1229 (c) because the modified plan provides for payments beyond five years and that the debtors will be unable to make all payments under the…”
In Re Roesner, 153 B.R. 328 (Bankr. D. Kan. 1993). · cites it 6× “” 11 U.S.C. § 1229 (a)(1). The Code permits a plan to classify claims.”
In Re Buchholz, 224 B.R. 13 (Bankr. D.N.J. 1998). · cites it 4× “Empire also argues that debtor is prohibited from modifying the claim pursuant to 11 U.S.C. § 1229 (b)(1). This court heard the matter on August 13, 1997 and reserved decision.”
In Re Brandenburger, 145 B.R. 624 (Bankr. D.S.D. 1992). · cites it 2× “Compensable post-confirmation services could include those tied to a plan modification since a modified plan "becomes the plan” unless disapproved, 11 U.S.C. § 1229 (b)(2), and a modified plan must provide for the full payment of priority administrative claims.”
In Re Butler, 97 B.R. 508 (Bankr. E.D. Ark. 1988). · cites it 2× “A debtor-in-possession is allowed to modify his plan after confirmation under 11 U.S.C. § 1229 ; however, under basic principles of due process, a creditor is certainly entitled to a hearing on an application to defer or extend payments.”
In Re Wruck, 183 B.R. 862 (Bankr. D.N.D. 1995). · cites it 3× “The matter before the court arises by motions filed by the debtors, Wayne & Lavonna Wruck, on April 24 and May 25, 1995, pursuant to 11 U.S.C. § 1229 (a). By their motions, the debtors are seeking to modify their second modified plan of reorganization (Plan) under Chapter 12 of…”
Matter of Grogg Farms, Inc., 91 B.R. 482 (Bankr. N.D. Ind. 1988). “11 U.S.C. § 1229 (a). There is an obvious tension between these two provisions of the Bankruptcy Code.”
In Re Cook, 148 B.R. 273 (Bankr. W.D. Mich. 1992). · cites it 2× “11 U.S.C. § 1229 (a)(l)-(a)(3). Any modification must conform to the confirmation standards set forth in §§ 1222(a), 1222(b), 1223(c) and 1225(a).”
In Re Cooper, 94 B.R. 550 (Bankr. S.D. Ill. 1989). · cites it 2× “11 U.S.C. § 1229 . Post-confirmation modification under Chapter 12, as under Chapter 13, is intended as a method of addressing unforeseen difficulties that arise during plan administration, and such modification is warranted only when an unanticipated change *552 in…”
In Re Hunt, 293 B.R. 191 (Bankr. C.D. Ill. 2003). · cites it 2× “However, as the holder of a secured claim, Heartland cannot seek post-confirmation modification under § 1229 as the right to proceed under that section is limited to “the debtor, the trustee, or the holder of an allowed unsecured claim.”
Farmers Home Admin. v. Rape (In Re Rape), 104 B.R. 741 (W.D.N.C. 1989). “The Debtors may seek modification of the Plan after confirmation pursuant to 11 U.S.C. § 1229 . Confirmation shall bind the Debtor, each creditor, and each equity security holder as provided in 11 U.”
In Re Paul, 83 B.R. 709 (Bankr. D.N.D. 1988). “11 U.S.C. § 1229 (a)(3). This court believes that that which can be done post-confirmation ought to be available at the pre-confirmation stage also.”
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— 11 U.S.C. § 1229(b)(1) — 1 case
In re: Randall Heath Green, Melody June Green, & Prairie Land Farms, LLC (Bankr. W.D. Ky. 2025).
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