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11 U.S.C. § 1321 — Filing of plan

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

11 U.S.C. § 1321 — Filing of plan

The debtor shall file a plan.

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Stable record: federal_law:legal_authorities:record_usc_c1e37c86d9b4fe52d5334866
Source file: Laws/federal/codes/united-states-code/title-11/section-1321-filing-of-plan--69d6385242.md
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Source location: Title 11, Chapter 13, § 1321; chapter-013-adjustment-of-debts-of-an-individual-with-regular-income.md

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The debtor shall file a plan.

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

11 U.S.C. § 1307 — Conversion or dismissal

**(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

11 U.S.C. § 1321 — Filing of plan

Page 314 TITLE 11—BANKRUPTCY § 1321 1 See Adjustment of Dollar Amounts notes below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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 an Effective Date of 2005 Amendment note under section 101 of this title. SUBCHAPTER II—THE PLAN § 1321. Filing of plan The debtor shall file a plan. (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2648.) HISTORICAL AND REVISION NOTES SENATE REPORT NO. 95–989 Chapter 13 contemplates the filing of a plan only by the debtor. § 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 de- ferred cash payments, of all claims entitled to priority under section 507 of this title, 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 enti- tled 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 uns

Source: Supplied 2024 U.S. Code historical extraction · 11 U.S.C. § 1321

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