11 U.S.C. § 1329 — Modification of plan after confirmation

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- vided, and amendment by section 330(d) of Pub. L. 109–8 applicable with respect to cases commenced under this title on or after Apr. 20, 2005, 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 Pub. L. 103–394 effective Oct. 22, 1994, and not applicable with respect to cases commenced under this title before 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 1990 AMENDMENT Amendment by Pub. L. 101–647 effective Nov. 29, 1990, but not applicable with respect to cases commenced under this title before Nov. 29, 1990, see section 3104 of Pub. L. 101–647, set out as a note under section 523 of this title. Amendment by Pub. L. 101–581 effective Nov. 15, 1990, but not applicable with respect to cases commenced under this title before Nov. 15, 1990, see section 4 of Pub. L. 101–581, set out as a note under section 523 of this title. Pub. L. 101–508, title III, § 3007(b)(2), Nov. 5, 1990, 104 Stat. 1388–29, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall not apply to any case under the provisions of title 11, United States Code, commenced before the date of the enactment of this Act [Nov. 5, 1990].’’ 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. § 1329. Modification of plan after confirmation (a) At any time after confirmation of the plan but before the completion of payments under such plan, the plan may be modified, upon re- quest of the debtor, the trustee, or the holder of an allowed unsecured claim, to— (1) increase or reduce the amount of pay- ments on claims of a particular class provided for by the plan; (2) extend or reduce the time for such pay- ments; (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 in- surance coverage) if the debtor documents the cost of such insurance and demonstrates that— (A) such expenses are reasonable and nec- essary; (B)(i) if the debtor previously paid for health insurance, the amount is not materi- ally larger than the cost the debtor pre- viously paid or the cost necessary to main- tain the lapsed policy; or (ii) if the debtor did not have health insur- ance, the amount is not materially larger than the reasonable cost that would be in- curred by a debtor who purchases health in- surance, 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 in- come under section 1325(b) of this title; and upon request of any party in interest, files proof that a health insurance policy was pur- chased. (b)(1) Sections 1322(a), 1322(b), and 1323(c) of this title and the requirements of section 1325(a) of this title apply to any modification under subsection (a) of this section. (2) The plan as modified becomes the plan un- less, after notice and a hearing, such modifica- tion 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. (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2651; Pub. L. 98–353, title III, §§ 319, 533, July 10, 1984, 98 Stat. 357, 389; Pub. L. 109–8, title I, § 102(i), title III, § 318(4), Apr. 20, 2005, 119 Stat. 34, 94; Pub. L. 116–136, div. A, title I, § 1113(b)(1)(C), (2)(A)(iii), Mar. 27, 2020, 134 Stat. 311, 312; Pub. L. 116–260, div. FF, title X, § 1001(e), Dec. 27, 2020, 134 Stat. 3218; Pub. L. 117–5, § 2(b)(1), Mar. 27, 2021, 135 Stat. 249.) Page 324 TITLE 11—BANKRUPTCY § 1330 1 So in original. Section catchline amended by Pub. L. 111–327 without corresponding amendment of chapter analysis. HISTORICAL AND REVISION NOTES SENATE REPORT NO. 95–989 At any time prior to the completion of payments under a confirmed plan, the plan may be modified, after notice and hearing, to change the amount of payments to creditors or a particular class of creditors and to ex- tend or reduce the payment period. A modified plan may not contain any provision which could not be in- cluded in an original plan as prescribed by section 1322. A modified plan may not call for payments to be made beyond four years as measured from the date of the commencement of payments under the original plan. Editorial Notes AMENDMENTS 2021—Subsec. (d)(1). Pub. L. 117–5 substituted ‘‘the COVID–19 Bankruptcy Relief Extension Act of 2021’’ for ‘‘this subsection’’ in introductory provisions. 2020—Subsec. (d). Pub. L. 116–136, § 1113(b)(2)(A)(ii), struck out subsec. (d) which related to modification of plan confirmed before Mar. 27, 2020, where debtor expe- rienced material financial hardship due to coronavirus disease 2019 (COVID–19) pandemic. Pub. L. 116–136, § 1113(b)(1)(C), added subsec. (d). Subsec. (e). Pub. L. 116–260, § 1001(e)(2), struck out subsec. (e) which related to debtor of case for which creditor files proof of claim under section 501(f) of this title. Pub. L. 116–260, § 1001(e)(1), added subsec. (e). 2005—Subsec. (a)(4). Pub. L. 109–8, § 102(i), added par. (4). Subsec. (c). Pub. L. 109–8, § 318(4), substituted ‘‘the ap- plicable commitment period under section 1325(b)(1)(B)’’ for ‘‘three years’’. 1984—Subsec. (a). Pub. L. 98–353, §§ 319, 533(1), (2), in- serted ‘‘of the plan’’ after ‘‘confirmation’’, substituted ‘‘such plan’’ for ‘‘a plan’’, and inserted provisions re- specting requests by the debtor, the trustee, or the holder of an allowed unsecured claim for modification. Subsec. (a)(3). Pub. L. 98–353, § 533(3), substituted ‘‘plan to’’ for ‘‘plan, to’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116–260, div. FF, title X, § 1001(e)(2), Dec. 27, 2020, 134 Stat. 3219, provided that the amendment made by section 1001(e)(2) is effective on the date that is 1 year after Dec. 27, 2020. Pub. L. 116–136, div. A, title I, § 1113(b)(1)(D)(ii), Mar. 27, 2020, 134 Stat. 312, as amended by Pub. L. 117–5, § 2(b)(2), Mar. 27, 2021, 135 Stat. 249, provided that: ‘‘The amendment made by subparagraph (C) [amending this section] shall apply to any case for which a plan has been confirmed under section 1325 of title 11, United States Code, before the date of enactment of the COVID–19 Bankruptcy Relief Extension Act of 2021 [Pub. L. 117–5, approved Mar. 27, 2021].’’ Amendment by section 1113(b)(2)(A)(iii) of Pub. L. 116–136, effective 2 years after Mar. 27, 2020, see section 1113(b)(2)(B) of Pub. L. 116–136, set out as a note under section 101 of this title. EFFECTIVE DATE OF 2005 AMENDMENT Amendment by Pub. L. 109–8 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 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. § 1330. Revocation of an order of confirmation (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, 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 confirma- tion under subsection (a) of this section, the court shall dispose of the case under section 1307 of this title, unless, within the time fixed by the court, the debtor proposes and the court con- firms a modification of the plan under section 1329 of this title. (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2651.) HISTORICAL AND REVISION NOTES LEGISLATIVE STATEMENTS Section 1331 of the House bill and Senate amendment is deleted in the House amendment. Special tax provision: Section 1331 of title 11 of the House bill and the comparable provisions in sections 1322 and 1327(d) of the Senate amendment, pertaining to assessment and collection of taxes in wage earner plans, are deleted, and the governing rule is placed in section 505(c) of the House amendment. The provisions of both bills allowing assessment and collection of taxes after confirmation of the wage-earner plan are modified to allow assessment and collection after the court fixes the fact and amount of a tax liability, in- cluding administrative period taxes, regardless of whether this occurs before or after confirmation of the plan. The provision of the House bill limiting the col- lection of taxes to those assessed before one year after the filing of the petition is eliminated, thereby leaving the period of limitations on assessment of these non- dischargeable tax liabilities the usual period provided by the Internal Revenue Code [Title 26]. SENATE REPORT NO. 95–989 The court may revoke an order of confirmation pro- cured by fraud, after notice and hearing, on application of a party in interest filed within 180 days after the entry of the order. Thereafter, unless a modified plan is confirmed, the court is to convert or dismiss the chap- ter 13 case as provided in section 1307. CHAPTER 15—ANCILLARY AND OTHER CROSS-BORDER CASES Sec. 1501. Purpose and scope of application. SUBCHAPTER I—GENERAL PROVISIONS 1502. Definitions. 1503. International obligations of the United States. 1504. Commencement of ancillary case. 1505. Authorization to act in a foreign country. 1506. Public policy exception. 1507. Additional assistance. 1508. Interpretation. SUBCHAPTER II—ACCESS OF FOREIGN REP- RESENTATIVES AND CREDITORS TO THE COURT 1509. Right of direct access. 1510. Limited jurisdiction. 1511. Commencement of case under section 301 or 303.1 1512. Participation of a foreign representative in a case under this title. 1513. Access of foreign creditors to a case under this title. 1514. Notification to foreign creditors concerning a case under this title.