11 U.S.C. § 1321
Filing of plan
The debtor shall file a plan.
Notes of Decisions
Cited in 194
cases (38 in the last 5 years), 1980–2026 · leading case: Marrama v. Citizens Bank of Mass., 549 U.S. 365 (2007).
Marrama v. Citizens Bank of Mass., 549 U.S. 365 (2007). “" The Court's decision circumvents this process and forecloses the right that a Chapter 13 debtor would otherwise possess to file a Chapter 13 repayment and reorganization plan, 11 U. S. C. §1321 , which must be filed in good faith and which must demonstrate that creditors will…”
Bullard v. Blue Hills Bank, 135 S. Ct. 1686 (2015). “See 11 U.S.C. §§ 1321 , 1322. Chief among Bullard’s debts was the roughly $346,000 he owed to Blue Hills Bank, which held a mortgage on a niultifamily house Bullard owned.”
Ana Flores v. Rod Danielson, 735 F.3d 855 (9th Cir. 2013). “11 U.S.C. § 1321 . Among the requirements for Chapter 13 plans are: that the plan is proposed and the petition is filed in good faith; that the holders of secured claims approve of the plan; that the debtor will be able to make all payments under and comply with the plan; and…”
Sheila Trantham v. Steven Tate, 112 F.4th 223 (4th Cir. 2024). “See 11 U.S.C. §§ 1321–1322(a). If the bankruptcy court confirms the plan, and the debtor completes all payments, then the court discharges any debt provided for by the plan (unless otherwise exempt).”
In Re Bulson, 327 B.R. 830 (Bankr. W.D. Mich. 2005). “It is the debt- or's duty to file a Chapter 13 plan, 11 U.S.C. § 1321 , and the burden lies with the debtor to establish that the plan presented for confirmation meets the confirmation standards of 11 U.”
Paul Klaas v., 858 F.3d 820 (3rd Cir. 2017). “11 U.S.C. §§ 1321 , 1322(a)-(c). The Code includes requirements for the contents of such a plan, including that the plan must provide for the payment of all priority claims and may not “discriminate unfairly” between classes of unsecured creditors.”
In Re Maurice, 167 B.R. 114 (Bankr. N.D. Ill. 1994). “The Trustee’s motion to dismiss is granted for the Debtor’s failure to file a Chapter 13 plan as required by 11 U.S.C. § 1321 within the time required under Federal Rule of Bankruptcy Procedure 3015(b).”
Larry Hurlburt v. Juliet Black, 925 F.3d 154 (4th Cir. 2019). “First, "[t]he debtor shall file a plan," 11 U.S.C. § 1321 , with the contents described in § 1322.”
Hawk v. Engelhart (In Re Hawk), 871 F.3d 287 (5th Cir. 2017). “; see 11 U.S.C. §§ 1321 , 1322, 1325. Pursuant to 11 U.”
Mason v. Young, 237 F.3d 1168 (10th Cir. 2001). “2 Pursuant to 11 U.S.C. §§ 1321 and 1322, Young filed a Chapter 13 plan with the bankruptcy court, providing for monthly payments of $818.”
In re Waring, 555 B.R. 754 (Bankr.D. Colo. 2016). “” 11 U.S.C. § 1321 . 8 This is perhaps the biggest difference between Chapter 13 debt adjustment and Chapter 7 liquidation.”
In Re Walat, 87 B.R. 408 (Bankr. E.D. Va. 1988). “313(A) is inconsistent (and therefore modifies) the debtor's exclusive right under 11 U.S.C. § 1321 to file a plan in that the rule forces "debtors to file an inflexible form plan with mandatory provisions dealing with the particular kinds of creditors.”
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