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11 U.S.C. § 1323 — Modification of plan before confirmation

Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 1323 — 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 1322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1322&num=0&edition=prelim). **(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.

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Source location: Title 11, Chapter 13, § 1323; chapter-013-adjustment-of-debts-of-an-individual-with-regular-income.md

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 1322 — Contents of plan

**(a)** The plan— (1) shall provide for the submission of all or such portion of future earnings or other future income of the debtor to the supervision and control of the trustee as is necessary for the execution of the plan; (2) shall provide for the full payment, in deferred cash payments, of all claims entitled to priority under [section 507 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section507&num=0&edition=prelim), unless the holder of a particular claim agrees to a different treatment of such claim; (3) if the plan classifies claims, shall provide the same treatment for each claim within a particular class; and (4) notwithstanding any other provision of this section, may provide for less than full payment of all amounts owed for a claim entitled to priority under section 507(a)(1)(B) only if the plan provides that all of the debtor’s projected disposable income for a 5-year period beginning on the date that the first payment is due under the plan will be applied to make payments under the plan. **(b)** Subject to subsections (a) and (c) of this section, the plan may— (1) designate a class or classes of unsecured claims, as provided in [section 1122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1122&num=0&edition=prelim), but may not discriminate unfairly against any class so designated; however, such plan may treat claims for a consumer debt of the debtor if an individual is liable on such consumer debt with the debtor differently than other unsecured claims; (2) modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor’s principal residence, or of holders of unsecured claims, or leave unaffe

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 1323 — Modification of plan before confirmation

Page 316 TITLE 11—BANKRUPTCY § 1323 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 1994 AMENDMENT Amendment by section 301 of Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before Oct. 22, 1994, and amendment by section 305(c) of Pub. L. 103–394 effective Oct. 22, 1994, and applicable only to agreements entered into after Oct. 22, 1994, see section 702 of Pub. L. 103–394, 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. Court Rules and Judicial Documents ADJUSTMENT OF DOLLAR AMOUNTS The dollar amounts specified in this section were ad- justed by notices of the Judicial Conference of the United States pursuant to section 104 of this title as follows: By notice dated Jan. 31, 2022, 87 F.R. 6625, effective Apr. 1, 2022, in subsec. (d), dollar amount ‘‘750’’ was ad- justed to ‘‘825’’ each time it appeared. See notice of the Judicial Conference of the United States set out as a note under section 104 of this title. By notice dated Feb. 5, 2019, 84 F.R. 3488, effective Apr. 1, 2019, in subsec. (d), dollar amount ‘‘700’’ was ad- justed to ‘‘750’’ each time it appeared. By notice dated Feb. 16, 2016, 81 F.R. 8748, effective Apr. 1, 2016, in subsec. (d), dollar amount ‘‘675’’ was ad- justed to ‘‘700’’ each time it appeared. By notice dated Feb. 12, 2013, 78 F.R. 12089, effective Apr. 1, 2013, in subsec. (d), dollar amount ‘‘625’’ was a

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