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11 U.S.C. § 1321 — Filing of plan
Federal law — U.S. Code and appendices · legal_authorities
The debtor shall file a plan.
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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
**(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
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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