Bankruptcy Forms: Filing Bankruptcy Chapter 7 Bankruptcy Software Chapter 13

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TITLE 11–BANKRUPTCY

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

Sub Chapter II – The Plan

Sec. 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 
request of the debtor, the trustee, or the holder of an allowed 
unsecured claim, to--
        (1) increase or reduce the amount of payments on claims of a 
    particular class provided for by the plan;
        (2) extend or reduce the time for such payments; or
        (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.

    (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 unless, after notice and a 
hearing, such modification is disapproved.
    (c) A plan modified under this section may not provide for payments 
over a period that expires after three years 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, 
Secs. 319, 533, July 10, 1984, 98 Stat. 357, 389.)


                      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 extend or reduce the payment period. A modified plan may not contain 
any provision which could not be included 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.


                               Amendments

    1984--Subsec. (a). Pub. L. 98-353, Secs. 319, 533(1), (2), inserted 
``of the plan'' after ``confirmation'', substituted ``such plan'' for 
``a plan'', and inserted provisions respecting requests by the debtor, 
the trustee, or the holder of an allowed unsecured claim for 
modification.
    Subsec. (a)(3). Pub. L. 98-353, Sec. 533(3), substituted ``plan to'' 
for ``plan, to''.


                    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 1307, 1328, 1330 of this 
title; title 28 section 586.

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

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