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11 U.S.C. § 1329 — Modification of plan after confirmation
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1325/b&num=0&edition=prelim);
and upon request of any party in interest, fil
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Source file: Laws/federal/codes/united-states-code/title-11/section-1329-modification-of-plan-after-confirmation--2df51cd941.md
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Source location: Title 11, Chapter 13, § 1329; chapter-013-adjustment-of-debts-of-an-individual-with-regular-income.md
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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, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1325/b&num=0&edition=prelim);
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1325/a&num=0&edition=prelim) 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.
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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—
(I) the holder of such claim retain the lien securing such claim until the earlier of—
(aa) the payment of the underlying debt determined under nonbankruptcy law; or
(bb) discharge under section 1328; and
(II) if the case under this chapter is dismissed or converted without completion of the plan, such lien shall also be retained by such holder to the extent recognized by applicable nonbankruptcy law;
(ii) the value, as of the effective date of the plan, of property to be distributed under the plan on account of such claim is not less than the allowed amount of such claim; and
(iii) if—
(I) property to be distributed pursuant to this subsection is in the form of periodic payments, such payments shall be in equal monthly amounts; and
(II) the holder of the claim is secured by personal property, the amount of such payments shall not be less than an amount su
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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
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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, 1112, or 1208 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)** Except as provided in subsection (f) of this section, on request of a party in interest or the United States trustee and after notice and a hearing, the court may convert a case under this chapter to a case under chapter 7 of this title, or may dismiss a case under this chapter, whichever is in the best interests of creditors and the estate, for cause, including—
(1) unreasonable delay 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 1321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1321&num=0&edition=prelim);
(4) failure to commence making timely payments under [section 1326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1326&num=0&edition=prelim);
(5) denial of confirmation of a plan under [section 1325 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1325&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 1330 of this title](https://uscode.house.gov/view.xht
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1307
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to subsection (d), as soon as practicable after completion by the debtor of all payments under the plan, and in the case of a debtor who is required by a judicial or administrative order, or by statute, to pay a domestic support obligation, after such debtor certifies that all amounts payable under such order or such statute that are due on or before the date of the certification (including amounts due before the petition was filed, but only to the extent provided for by the plan) have been paid, unless the court approves a written waiver of discharge executed by the debtor after the order for relief under this chapter, the court shall grant the debtor a discharge of all debts provided for by the plan or disallowed under [section 502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section502&num=0&edition=prelim), except any debt—
(1) provided for under section 1322(b)(5);
(2) of the kind specified in section 507(a)(8)(C) or in paragraph (1)(B), (1)(C), (2), (3), (4), (5), (8), or (9) of section 523(a);
(3) for restitution, or a criminal fine, included in a sentence on the debtor’s conviction of a crime; or
(4) for restitution, or damages, awarded in a civil action against the debtor as a result of willful or malicious injury by the debtor that caused personal injury to an individual or the death of an individual.
**(b)** Subject to subsection (d), at any time after the confirmation of the plan and after notice and a hearing, the court may grant a discharge to a debtor that has not completed payments under the plan only if—
(1) the debtor’s failure to complete such payments is due to circumstances for which the debtor should not justly be held accountable;
(2) the value, as of the effective date of the plan, of
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1328
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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 1325 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1325&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 1307 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1307&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 1329 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1329&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1330
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Federal law — U.S. Code and appendices · legal_authorities
Page 323
TITLE 11—BANKRUPTCY
§ 1329
Subsec. (a)(3). Pub. L. 103–394, § 501(d)(38)(B), struck
out last par. (3). See 1990 Amendment note below.
Pub. L. 103–394, § 302, inserted ‘‘, or a criminal fine,’’
after ‘‘restitution’’.
1990—Subsec. (a)(1). Pub. L. 101–581, § 3(1), and Pub. L.
101–647, § 3103(1), made identical amendments striking
‘‘or’’ at end.
Subsec. (a)(2). Pub. L. 101–581, § 3(2), and Pub. L.
101–647, § 3103(2), made identical amendments sub-
stituting ‘‘; or’’ for period at end.
Pub. L. 101–581, § 2(b), and Pub. L. 101–647, § 3102(b),
which directed identical insertions of ‘‘or 523(a)(9)’’
after ‘‘523(a)(5)’’, could not be executed because of prior
amendment by Pub. L. 101–508. See below.
Pub. L. 101–508 substituted ‘‘paragraph (5) or (8) of
section 523(a)’’ for ‘‘section 523(a)(5)’’.
Subsec. (a)(3). Pub. L. 101–581, § 3(3), and Pub. L.
101–647, § 3103(3), made identical amendments adding
par. (3).
1984—Subsec. (e)(1). Pub. L. 98–353, § 532(1), inserted
‘‘by the debtor’’ after ‘‘obtained’’.
Subsec. (e)(2). Pub. L. 98–353, § 532(2), substituted ‘‘the
requesting party did not know of such fraud until’’ for
‘‘knowledge of such fraud came to the requesting
party’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2020 AMENDMENT
Pub. L. 116–260, div. FF, title X, § 1001(b)(2), Dec. 27,
2020, 134 Stat. 3217, provided that the amendment made
by section 1001(b)(2) is effective on the date that is 1
year after Dec. 27, 2020.
EFFECTIVE DATE OF 2005 AMENDMENT
Amendments by Pub. L. 109–8 effective 180 days after
Apr. 20, 2005, with amendments by sections 106(c),
213(11), 312(2), 314(b), and 707 of Pub. L. 109–8 not appli-
cable with respect to cases commenced under this title
before such effective date, except as otherwise pro-
Source: Supplied 2024 U.S. Code historical extraction · 11 U.S.C. § 1329
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