Bankruptcy Forms: Filing Bankruptcy Chapter 7 Bankruptcy Software Chapter 13

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TITLE 11–BANKRUPTCY

CHAPTER 12– ADJUSTMENT OF DEBTS OF A FAMILY FARMER
WITH REGULAR ANNUAL INCOME


Sub Chapter II – The Plan

Sec. 1222. Contents of plan

  (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 of this title, 
    unless the holder of a particular claim agrees to a different 
    treatment of such claim; and
        (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.

    (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, 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 leave unaffected the rights of 
    holders of any class of claims;
        (3) provide for the curing or waiving of any default;
        (4) provide for payments on any unsecured claim to be made 
    concurrently with payments on any secured claim or any other 
    unsecured claim;
        (5) provide for the curing of any default within a reasonable 
    time and maintenance of payments while the case is pending on any 
    unsecured claim or secured claim on which the last payment is due 
    after the date on which the final payment under the plan is due;
        (6) subject to section 365 of this title, provide for the 
    assumption, rejection, or assignment of any executory contract or 
    unexpired lease of the debtor not previously rejected under such 
    section;
        (7) provide for the payment of all or part of a claim against 
    the debtor from property of the estate or property of the debtor;
        (8) provide for the sale of all or any part of the property of 
    the estate or the distribution of all or any part of the property of 
    the estate among those having an interest in such property;
        (9) provide for payment of allowed secured claims consistent 
    with section 1225(a)(5) of this title, over a period exceeding the 
    period permitted under section 1222(c);
        (10) provide for the vesting of property of the estate, on 
    confirmation of the plan or at a later time, in the debtor or in any 
    other entity; and
        (11) include any other appropriate provision not inconsistent 
    with this title.

    (c) Except as provided in subsections (b)(5) and (b)(9), the plan 
may not provide for payments over a period that is longer than three 
years unless the court for cause approves a longer period, but the court 
may not approve a period that is longer than five years.
    (d) Notwithstanding subsection (b)(2) of this section and sections 
506(b) and 1225(a)(5) of this title, if it is proposed in a plan to cure 
a default, the amount necessary to cure the default, shall be determined 
in accordance with the underlying agreement and applicable nonbankruptcy 
law.

(Added and amended Pub. L. 99-554, title II, Sec. 255, title III, 
Sec. 302(f), Oct. 27, 1986, 100 Stat. 3109, 3124; Pub. L. 103-394, title 
III, Sec. 305(b), Oct. 22, 1994, 108 Stat. 4134; Pub. L. 105-277, div. 
C, title I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610.)

                         Termination of Section

        For termination of reenactment of this section by section 149(a) 
    of Pub. L. 105-277, see Repeal, Reenactment, and Termination of 
    Chapter note set out under section 1201 of this title.

                          Codification

    Section repealed effective Oct. 1, 1998, by Pub. L. 99-554, title 
III, Sec. 302(f), Oct. 27, 1986, 100 Stat. 3124, as amended by Pub. L. 
103-65, Sec. 1, Aug. 6, 1993, 107 Stat. 311. Section, as in effect on 
Sept. 30, 1998, reenacted by Pub. L. 105-277, div. C, title I, 
Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610, for the period beginning 
on Oct. 1, 1998, and ending on Apr. 1, 1999. See Repeal, Reenactment, 
and Termination of Chapter note set out under section 1201 of this 
title.


                               Amendments

    1994--Subsec. (d). Pub. L. 103-394 added subsec. (d).


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and applicable 
only to agreements entered into after Oct. 22, 1994, see section 702 of 
Pub. L. 103-394, set out as a note under section 101 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1223, 1225, 1228, 1229 of 
this title.


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Legal Resource Center: United States Code TITLE 11 Filing Bankruptcy Forms Software