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TITLE 11BANKRUPTCY
CHAPTER 13 ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME
Sub Chapter II The Plan
Sec. 1323. 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 1322 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 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.
(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2649.)
Historical and Revision Notes
senate report no. 95-989
The debtor is permitted to modify the plan before confirmation
without court approval so long as the modified plan, which becomes the
plan on filing, complies with the requirements of section 1322.
The original acceptance or rejection of a plan by the holder of a
secured claim remains binding unless the modified plan changes the
rights of the holder and the holder withdraws or alters its earlier
acceptance or rejection.
Section Referred to in Other Sections
This section is referred to in section 1329 of this title.
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