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.
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
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.