Bankruptcy Forms: Filing Bankruptcy Chapter 7 Bankruptcy Software Chapter 13

The Center For Debt Management
Center4DebtManagement.com ... Always open 24 / 7

Note: For affordable legal assistance The Center For Debt Management highly recommends Standard Legal's Do-It-Yourself Bankruptcy Forms Software Kits. For credit repair services,
the most trusted law firm in America with over 15 years of experience is Lexington Law Firm.

For more bankruptcy help and bankruptcy alternatives, go to Bankruptcy Resources



TITLE 11–BANKRUPTCY

CHAPTER 13– ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME

Sub Chapter II – The Plan

Sec. 1326. Payments

 (a)(1) Unless the court orders otherwise, the debtor shall commence 
making the payments proposed by a plan within 30 days after the plan is 
filed.
    (2) A payment made under this subsection shall be retained by the 
trustee until confirmation or denial of confirmation of a plan. If a 
plan is confirmed, the trustee shall distribute any such payment in 
accordance with the plan as soon as practicable. If a plan is not 
confirmed, the trustee shall return any such payment to the debtor, 
after deducting any unpaid claim allowed under section 503(b) of this 
title.
    (b) Before or at the time of each payment to creditors under the 
plan, there shall be paid--
        (1) any unpaid claim of the kind specified in section 507(a)(1) 
    of this title; and
        (2) if a standing trustee appointed under section 586(b) of 
    title 28 is serving in the case, the percentage fee fixed for such 
    standing trustee under section 586(e)(1)(B) of title 28.

    (c) Except as otherwise provided in the plan or in the order 
confirming the plan, the trustee shall make payments to creditors under 
the plan.

(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2650; Pub. L. 98-353, title III, 
Secs. 318(a), 531, July 10, 1984, 98 Stat. 357, 389; Pub. L. 99-554, 
title II, Secs. 230, 283(z), Oct. 27, 1986, 100 Stat. 3103, 3118; Pub. 
L. 103-394, title III, Sec. 307, Oct. 22, 1994, 108 Stat. 4135.)


                      Historical and Revision Notes

                         legislative statements

    Section 1326(a)(2) of the House amendment adopts a comparable 
provision contained in the House bill providing for standing trustees.


                        senate report no. 95-989

    Section 1326 supplements the priorities provisions of section 507. 
Subsection (a) requires accrued costs of administration and filing fees, 
as well as fees due the chapter 13 trustee, to be disbursed before 
payments to creditors under the plan. Subsection (b) makes it clear that 
the chapter 13 trustee is normally to make distribution to creditors of 
the payments made under the plan by the debtor.


                         house report no. 95-595

    Subsection (a) requires that before or at the time of each payment 
any outstanding administrative expenses [and] any percentage fee due for 
a private standing chapter 13 trustee be paid in full.


                               Amendments

    1994--Subsec. (a)(2). Pub. L. 103-394 inserted ``as soon as 
practicable'' before period at end of second sentence.
    1986--Subsec. (a)(2). Pub. L. 99-554, Sec. 283(z), substituted 
``payment'' for ``payments'' in last sentence.
    Subsec. (b). Pub. L. 99-554, Sec. 230, amended subsec. (b) 
generally, substituting ``586(b) of title 28'' for ``1302(d) of this 
title'' and ``586(e)(1)(B) of title 28'' for ``1302(e) of this title'' 
in par. (2).
    1984--Subsec. (a). Pub. L. 98-353, Sec. 318(a)(2), added subsec. 
(a). Former subsec. (a) redesignated (b).
    Subsec. (b). Pub. L. 98-353, Sec. 318(a)(1), redesignated subsec. 
(a) as (b). Former subsec. (b) redesignated (c).
    Subsec. (b)(2). Pub. L. 98-353, Sec. 531, inserted ``of this title'' 
after ``1302(d)''.
    Subsec. (c). Pub. L. 98-353, Sec. 318(a)(1), redesignated former 
subsec. (b) as (c).


                    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 1986 Amendment

    Effective date and applicability of amendment by section 230 of Pub. 
L. 99-554 dependent upon the judicial district involved, see section 
302(d), (e) of Pub. L. 99-554, set out as a note under section 581 of 
Title 28, Judiciary and Judicial Procedure.
    Amendment by section 283 of Pub. L. 99-554 effective 30 days after 
Oct. 27, 1986, see section 302(a) of Pub. L. 99-554.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 347, 1302, 1307 of this 
title.


Back Index Next

Note: For affordable legal assistance The Center For Debt Management highly recommends Standard Legal's Do-It-Yourself Bankruptcy Forms Software Kits. For credit repair services,
the most trusted law firm in America with over 15 years of experience is Lexington Law Firm.

For more bankruptcy help and bankruptcy alternatives, go to Bankruptcy Resources

Go to Index of Related Articles and Resources!

Click Below To Check Out More Financial Resources

Return to Top

The Center For Debt Management™

Helping Consumers Save Money and Reduce Debt Is Our Only Business!™

We invite you to explore the sectors listed below. We promise that you'll find exceptional values, offers and resources in which to reduce your living expenses and to enjoy life!


Debt Management and Financial Services! The Internet's oldest and most comprehensive debt management agency! Resources for debt management, consumer credit counseling, debt consolidation, debt reduction settlements, legal aid, financial aid, loans and financing, credit repair, credit reports, insurance quotes, income sources, tax assistance, and more.

Established in 1989 and serving the online community since 1992!


This site was created and designed by Daniel A. Gelinas
Disclaimer and Privacy Policy      © Copyright  2007 "The Center For Debt Management"      Contact Us
Return to Top

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