U.S. Code » Title 11 » Chapter CHAPTER 13— ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME › Subchapter SUBCHAPTER II— THE PLAN

11 U.S.C. § 1329

Modification of plan after confirmation

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 11 CasesGoogle Scholar
(a) At any time after confirmation of the plan but before the completion of payments under such plan, the plan may be modified, upon 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) reduce amounts to be paid under the plan by the actual amount expended by the debtor to purchase health insurance for the debtor (and for any dependent of the debtor if such dependent does not otherwise have health insurance coverage) if the debtor documents the cost of such insurance and demonstrates that—(A) such expenses are reasonable and necessary;(B)(i) if the debtor previously paid for health insurance, the amount is not materially larger than the cost the debtor previously paid or the cost necessary to maintain the lapsed policy; or(ii) if the debtor did not have health insurance, the amount is not materially larger than the reasonable cost that would be incurred by a debtor who purchases health insurance, who has similar income, expenses, age, and health status, and who lives in the same geographical location with the same number of dependents who do not otherwise have health insurance coverage; and(C) the amount is not otherwise allowed for purposes of determining disposable income under section 1325(b) of this title;and upon request of any party in interest, files proof that a health insurance policy was purchased.(b)(1) Sections 1322(a), 1322(b), and 1323(c) of this title and the requirements of section 1325(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 the applicable commitment period under section 1325(b)(1)(B) 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.(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2651; Pub. L. 98–353, title III, §§ 319, 533, July 10, 1984, 98 Stat. 357, 389; Pub. L. 109–8, title I, § 102(i), title III, § 318(4), Apr. 20, 2005, 119 Stat. 34, 94; Pub. L. 116–136, div. A, title I, § 1113(b)(1)(C), (2)(A)(iii), Mar. 27, 2020, 134 Stat. 311, 312; Pub. L. 116–260, div. FF, title X, § 1001(e), Dec. 27, 2020, 134 Stat. 3218; Pub. L. 117–5, § 2(b)(1), Mar. 27, 2021, 135 Stat. 249.)Historical and Revision Notessenate report no. 95–989

At any time prior to the completion of payments under a confirmed plan, the plan may be modified, after notice and hearing, to change the amount of payments to creditors or a particular class of creditors and to extend or reduce the payment period. A modified plan may not contain any provision which could not be included in an original plan as prescribed by section 1322. A modified plan may not call for payments to be made beyond four years as measured from the date of the commencement of payments under the original plan.

Editorial NotesAmendments

2021—Subsec. (d)(1). Pub. L. 117–5 substituted “the COVID–19 Bankruptcy Relief Extension Act of 2021” for “this subsection” in introductory provisions.

2020—Subsec. (d). Pub. L. 116–136, § 1113(b)(2)(A)(ii), struck out subsec. (d) which related to modification of plan confirmed before Mar. 27, 2020, where debtor experienced material financial hardship due to coronavirus disease 2019 (COVID–19) pandemic.

Pub. L. 116–136, § 1113(b)(1)(C), added subsec. (d).

Subsec. (e). Pub. L. 116–260, § 1001(e)(2), struck out subsec. (e) which related to debtor of case for which creditor files proof of claim under section 501(f) of this title.

Pub. L. 116–260, § 1001(e)(1), added subsec. (e).

2005—Subsec. (a)(4). Pub. L. 109–8, § 102(i), added par. (4).

Subsec. (c). Pub. L. 109–8, § 318(4), substituted “the applicable commitment period under section 1325(b)(1)(B)” for “three years”.

1984—Subsec. (a). Pub. L. 98–353, §§ 319, 533(1), (2), inserted “of the plan” after “confirmation”, substituted “such plan” for “a plan”, and inserted provisions respecting requests by the debtor, the trustee, or the holder of an allowed unsecured claim for modification.

Subsec. (a)(3). Pub. L. 98–353, § 533(3), substituted “plan to” for “plan, to”.

Statutory Notes and Related SubsidiariesEffective Date of 2020 Amendment

Pub. L. 116–260, div. FF, title X, § 1001(e)(2), Dec. 27, 2020, 134 Stat. 3219, provided that the amendment made by section 1001(e)(2) is effective on the date that is 1 year after Dec. 27, 2020.

Pub. L. 116–136, div. A, title I, § 1113(b)(1)(D)(ii), Mar. 27, 2020, 134 Stat. 312, as amended by Pub. L. 117–5, § 2(b)(2), Mar. 27, 2021, 135 Stat. 249, provided that: “The amendment made by subparagraph (C) [amending this section] shall apply to any case for which a plan has been confirmed under section 1325 of title 11, United States Code, before the date of enactment of the COVID–19 Bankruptcy Relief Extension Act of 2021 [Pub. L. 117–5, approved Mar. 27, 2021].”

Amendment by section 1113(b)(2)(A)(iii) of Pub. L. 116–136, effective 2 years after Mar. 27, 2020, see section 1113(b)(2)(B) of Pub. L. 116–136, set out as a note under section 101 of this title.

Effective Date of 2005 Amendment

Amendment by 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 Date of 1984 Amendment

Amendment by Pub. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Pub. L. 98–353, set out as a note under section 101 of this title.

Notes of Decisions
Cited in 747 cases (98 in the last 5 years), 1981–2026 · leading case: In Re: Nanette Sisk
Sort: Relevance Newest Treatment
In Re: Nanette Sisk (2020) ca9 · cites it 10× “The panel concluded that the Code’s structure also supported a debtor’s ability to include estimated terms, and allowing estimated terms would not nullify a trustee’s or creditor’s modification rights under 11 U.S.C. § 1329 . The panel vacated the BAP’s ruling that the debtors’…”
Maney v. Kagenveama (2008) ca9 · cites it 6× “11 U.S.C. § 1329 (b) (stating § 1325's requirements "apply to any modification under subsection (a) of [§ 1329].”
Ransom v. FIA Card Services, N. A. (2011) scotus · cites it 4× “See 11 U. S. C. §1329 (a)(1). Ransom next contends that denying the ownership allowance to debtors in his position “sends entirely the wrong message, namely, that it is advantageous to be deeply in debt on motor vehicle loans, rather than to pay them off.”
Barbosa v. Solomon (2000) ca1 · cites it 8× “In addition, the bankruptcy court found that the Debtors’ intention to keep the proceeds of the sale, while paying the 10% dividend provided by the Plan to the unsecured creditors, failed to meet both the good faith requirement and the best-interests-of-the-creditors test of 11…”
Coastal Credit, L.L.C. v. Mellors (In Re Mellors) (2007) pawb · cites it 11× “On March 12, 2007, 5 the Debtors filed an amended Chapter 13 Plan pursuant to 11 U.S.C. § 1329 . 6 The modification was necessitated by the fact that the Debtors, while using their best efforts, cannot afford to pay for an inoperable vehicle and finance a replacement vehicle at…”
Paul Klaas v. (2017) ca3 · cites it 5× “Once confirmed, modifications to the plan are governed by 11 U.S.C. § 1329 . That section provides, in relevant part: “[a]t any time after confirmation of the plan but before the completion of payments under such plan, the plan may be modified, upon request of the debtor, the…”
Nicke v. Schwartzapfel Partners, P.C. (2017) nyappdiv · cites it 2× “Assets acquired after a Chapter 13 plan is confirmed by the court are not included as property of the estate, unless they are necessary to maintain the plan ( see 11 USC §§ 1306 [a]; 1326), or the trustee seeks a modification of the plan to remedy a substantial change in the…”
Sanchez v. Ameriquest Mortgage Co. (In Re Sanchez) (2007) txsb · cites it 6× “11 U.S.C. § 1329 (2004). Any modified chapter 13 plan must meet all the requirements for confirmation.”
John H. Germeraad v. Myrick J. Powers (2016) ca7 · cites it 4× “The trustee filed a motion to modify the debtors’ plan under 11 U.S.C. § 1329 , which permits postconfirmation modification of a Chapter 13 plan.”
In Re Davis (2009) txsb · cites it 11× “11 U.S.C. § 1329 . “Modification is based on the premise that, during the life of the plan, circumstances may change, *188 and parties should have the ability to modify the plan accordingly.”
Ana Flores v. Rod Danielson (2013) ca9 · cites it 6× “" 11 U.S.C. § 1329 (c) (emphasis added). Thus, the statute defines the temporal window within which modified payments under § 1329 may be made by reference to the applicable commitment period.”
In Re: Sahnica Denise Nolan, Debtor. Chrysler Financial Corporation v. Sahnica Denise Nolan (2000) ca6 · cites it 6× “45, would be paid off on a cents-on-the-dollar basis from Nolan’s installments under the plan, pursuant to 11 U.S.C. § 1329 (a)(1). On August 26,1998, Nolan filed a motion to modify her plan and incur credit.”
Show all 747 citing cases →
— 11 U.S.C. § 1329(a) — 5 cases
In Re Richardson (2002) ksb
Goodman v. Gorman (2015) vaed
Old Republic Insurance v. Farmer (In Re Farmer) (2005) gamb
In Re Szostek (1988) paeb
In re Simonis (1988) wied
— 11 U.S.C. § 1329(d)(3) — 1 case
Eric J. Winnegrad and Sharon Winnegrad (2021) njb
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.