Browse Arkansas Code titles and sections
11 U.S.C. § 1225 — Confirmation of plan
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b), the court shall confirm a plan if—
(1) the plan complies with the provisions of this chapter and with the other applicable provisions of this title;
(2) any fee, charge, or amount required under chapter 123 of title 28, or by the plan, to be paid before confirmation, has been paid;
(3) the plan has been proposed in good faith and not by any means forbidden by law;
(4) the value, as of the effective date of the plan, of property to be distributed under the plan on account of each allowed unsecured claim is not less than the amount that would be paid on such claim if the estate of the debtor were liquidated under chapter 7 of this title on such date;
(5) with respect to each allowed secured claim provided for by the plan—
(A) the holder of such claim has accepted the plan;
(B)
(i) the plan provides that the holder of such claim retain the lien securing such claim; and
(ii) the value, as of the effective date of the plan, of property to be distributed by the trustee or the debtor under the plan on account of such claim is not less than the allowed amount of such claim; or
(C) the debtor surrenders the property securing such claim to such holder;
(6) the debtor will be able to make all payments under the plan and to comply with the plan; and
(7) the debtor has paid all amounts that are required to be paid under a domestic support obligation and that first become payable after the date of the filing of the petition if the debtor is required by a judicial or administrative order, or by statute, to pay such domestic support obligation.
**(b)**
(1) If the trustee or the holder of an allowed unsecured claim objects to the confirmation of the plan, then the court may not approve the plan unless, as of the e
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1225
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 60f4f5c658ccfd4734a22bfc23174ea0f3a9253f46e74d38f0c712eeae6765ef. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_1867031bd9205885724ea524
Source file: Laws/federal/codes/united-states-code/title-11/section-1225-confirmation-of-plan--9fa04fdd83.md
Pages: Not recorded – Not recorded
Passage SHA-256: ec61d12a4c3331163866241b8292a869c888d5e09357a66fafeeb2d82c53dcf6
Source location: Title 11, Chapter 12, § 1225; chapter-012-adjustment-of-debts-of-a-family-farmer-or-fisherman-with-regular-annual-income.md
Stored source content
**(a)** Except as provided in subsection (b), the court shall confirm a plan if—
(1) the plan complies with the provisions of this chapter and with the other applicable provisions of this title;
(2) any fee, charge, or amount required under chapter 123 of title 28, or by the plan, to be paid before confirmation, has been paid;
(3) the plan has been proposed in good faith and not by any means forbidden by law;
(4) the value, as of the effective date of the plan, of property to be distributed under the plan on account of each allowed unsecured claim is not less than the amount that would be paid on such claim if the estate of the debtor were liquidated under chapter 7 of this title on such date;
(5) with respect to each allowed secured claim provided for by the plan—
(A) the holder of such claim has accepted the plan;
(B)
(i) the plan provides that the holder of such claim retain the lien securing such claim; and
(ii) the value, as of the effective date of the plan, of property to be distributed by the trustee or the debtor under the plan on account of such claim is not less than the allowed amount of such claim; or
(C) the debtor surrenders the property securing such claim to such holder;
(6) the debtor will be able to make all payments under the plan and to comply with the plan; and
(7) the debtor has paid all amounts that are required to be paid under a domestic support obligation and that first become payable after the date of the filing of the petition if the debtor is required by a judicial or administrative order, or by statute, to pay such domestic support obligation.
**(b)**
(1) If the trustee or the holder of an allowed unsecured claim objects to the confirmation of the plan, then the court may not approve the plan unless, as of the effective date of the plan—
(A) the value of the property to be distributed under the plan on account of such claim is not less than the amount of such claim;
(B) the plan provides that all of the debtor’s projected disposable income to be received in the three-year period, or such longer period as the court may approve under section 1222(c), beginning on the date that the first payment is due under the plan will be applied to make payments under the plan; or
(C) the value of the property to be distributed under the plan in the 3-year period, or such longer period as the court may approve under section 1222(c), beginning on the date that the first distribution is due under the plan is not less than the debtor’s projected disposable income for such period.
(2) For purposes of this subsection, “disposable income” means income which is received by the debtor and which is not reasonably necessary to be expended—
(A) for the maintenance or support of the debtor or a dependent of the debtor or for a domestic support obligation that first becomes payable after the date of the filing of the petition; or
(B) for the payment of expenditures necessary for the continuation, preservation, and operation of the debtor’s business.
**(c)** After confirmation of a plan, the court may order any entity from whom the debtor receives income to pay all or any part of such income to the trustee.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** If the trustee is authorized to operate the business of the debtor under section 721, 1108, 1183, 1184, 1203, 1204, or 1304 of this title, unless the court orders otherwise, the trustee may obtain unsecured credit and incur unsecured debt in the ordinary course of business allowable under [section 503(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section503/b/1&num=0&edition=prelim) as an administrative expense.
**(b)** The court, after notice and a hearing, may authorize the trustee to obtain unsecured credit or to incur unsecured debt other than under subsection (a) of this section, allowable under [section 503(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section503/b/1&num=0&edition=prelim) as an administrative expense.
**(c)** If the trustee is unable to obtain unsecured credit allowable under [section 503(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section503/b/1&num=0&edition=prelim) as an administrative expense, the court, after notice and a hearing, may authorize the obtaining of credit or the incurring of debt—
(1) with priority over any or all administrative expenses of the kind specified in section 503(b) or 507(b) of this title;
(2) secured by a lien on property of the estate that is not otherwise subject to a lien; or
(3) secured by a junior lien on property of the estate that is subject to a lien.
**(d)**
(1) The court, after notice and a hearing, may authorize the obtaining of credit or the incurring of debt secured by a senior or equal lien on property of the estate that is subject to a lien only if—
(A) the trustee is unable to obtain such credit otherwise; and
(B) there is adequate protection of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 364
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsections (b) and (c) of this section, after the order for relief under this chapter, a creditor may not act, or commence or continue any civil action, to collect all or any part of a consumer debt of the debtor from any individual that is liable on such debt with the debtor, or that secured such debt, unless—
(1) such individual became liable on or secured such debt in the ordinary course of such individual’s business; or
(2) the case is closed, dismissed, or converted to a case under chapter 7 of this title.
**(b)** A creditor may present a negotiable instrument, and may give notice of dishonor of such an instrument.
**(c)** On request of a party in interest and after notice and a hearing, the court shall grant relief from the stay provided by subsection (a) of this section with respect to a creditor, to the extent that—
(1) as between the debtor and the individual protected under subsection (a) of this section, such individual received the consideration for the claim held by such creditor;
(2) the plan filed by the debtor proposes not to pay such claim; or
(3) such creditor’s interest would be irreparably harmed by continuation of such stay.
**(d)** Twenty days after the filing of a request under subsection (c)(2) of this section for relief from the stay provided by subsection (a) of this section, such stay is terminated with respect to the party in interest making such request, unless the debtor or any individual that is liable on such debt with the debtor files and serves upon such party in interest a written objection to the taking of the proposed action.
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1201
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
In this title the following definitions shall apply:
(1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized.
(2) The term “affiliate” means—
(A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities—
(i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or
(ii) solely to secure a debt, if such entity has not in fact exercised such power to vote;
(C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or
(D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement.
(3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.11 See Adjustment of Dollar Amounts not
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 101
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The debtor may convert a case under this chapter to a case under chapter 7 of this title at any time. Any waiver of the right to convert under this subsection is unenforceable.
**(b)** On request of the debtor at any time, if the case has not been converted under section 706 or 1112 of this title, the court shall dismiss a case under this chapter. Any waiver of the right to dismiss under this subsection is unenforceable.
**(c)** On request of a party in interest, and after notice and a hearing, the court may dismiss a case under this chapter for cause, including—
(1) unreasonable delay, or gross mismanagement, by the debtor that is prejudicial to creditors;
(2) nonpayment of any fees and charges required under chapter 123 of title 28;
(3) failure to file a plan timely under [section 1221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1221&num=0&edition=prelim);
(4) failure to commence making timely payments required by a confirmed plan;
(5) denial of confirmation of a plan under [section 1225 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1225&num=0&edition=prelim) and denial of a request made for additional time for filing another plan or a modification of a plan;
(6) material default by the debtor with respect to a term of a confirmed plan;
(7) revocation of the order of confirmation under [section 1230 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1230&num=0&edition=prelim), and denial of confirmation of a modified plan under [section 1229 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1229&num=0&edition=prelim);
(8) termination of a confirmed plan by reason of the occurrence
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1208
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** On request of a party in interest at any time within 180 days after the date of the entry of an order of confirmation under [section 1225 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1225&num=0&edition=prelim), and after notice and a hearing, the court may revoke such order if such order was procured by fraud.
**(b)** If the court revokes an order of confirmation under subsection (a) of this section, the court shall dispose of the case under [section 1207 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1207&num=0&edition=prelim), unless, within the time fixed by the court, the debtor proposes and the court confirms a modification of the plan under [section 1229 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1229&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1230
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The issuance, transfer, or exchange of a security, or the making or delivery of an instrument of transfer under a plan confirmed under [section 1225 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1225&num=0&edition=prelim), may not be taxed under any law imposing a stamp tax or similar tax.
**(b)** The court may authorize the proponent of a plan to request a determination, limited to questions of law, by any governmental unit charged with responsibility for collection or determination of a tax on or measured by income, of the tax effects, under [section 346 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section346&num=0&edition=prelim) and under the law imposing such tax, of the plan. In the event of an actual controversy, the court may declare such effects after the earlier of—
(1) the date on which such governmental unit responds to the request under this subsection; or
(2) 270 days after such request.
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1231
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Ninety days after the final distribution under section 726, 1194, 1226, or 1326 of this title in a case under chapter 7, subchapter V of chapter 11, 12, or 13 11 So in original. See 2019 Amendment note below. of this title, as the case may be, the trustee shall stop payment on any check remaining unpaid, and any remaining property of the estate shall be paid into the court and disposed of under chapter 129 of title 28.
**(b)** Any security, money, or other property remaining unclaimed at the expiration of the time allowed in a case under chapter 9, 11, or 12 of this title for the presentation of a security or the performance of any other act as a condition to participation in the distribution under any plan confirmed under section 943(b), 1129, 1173, 1191, or 1225 of this title, as the case may be, becomes the property of the debtor or of the entity acquiring the assets of the debtor under the plan, as the case may be.
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 347
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 301
TITLE 11—BANKRUPTCY
§ 1225
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.
§ 1223. Modification of plan before confirmation
(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 ac-
cepted or rejected the plan is deemed to have ac-
cepted 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 modifica-
tion, and such holder changes such holder’s pre-
vious 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
Source: Supplied 2024 U.S. Code historical extraction · 11 U.S.C. § 1225
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.