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11 U.S.C. § 1223 — Modification of plan before confirmation
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1222&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 file: Laws/federal/codes/united-states-code/title-11/section-1223-modification-of-plan-before-confirmation--c9c06ee686.md
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Source location: Title 11, Chapter 12, § 1223; chapter-012-adjustment-of-debts-of-a-family-farmer-or-fisherman-with-regular-annual-income.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1222&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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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The plan shall—
(1) 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) provide for the full payment, in deferred cash payments, of all claims entitled to priority under section 507, unless the holder of a particular claim agrees to a different treatment of that claim;
(3) if the plan classifies claims and interests, provide the same treatment for each claim or interest within a particular class unless the holder of a particular claim or interest agrees to less favorable treatment;
(4) notwithstanding any other provision of this section, a plan 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; and
(5) subject to section 1232, provide for the treatment of any claim by a governmental unit of a kind described in section 1232(a).
**(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, or of holders of unsecured claims, or leav
Source: Supplied U.S. Code snapshot — release unconfirmed · 11 U.S.C. § 1222
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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. § 1223
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