11 U.S.C. § 1329

Current through P.L. 116-140 (04/28/2020)

Section 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;

(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; or

(4) reduce amounts to be paid under the plan by the actual amount expended by the debtor to purchase health insurance for the debtor (and for any dependent of the debtor if such dependent does not otherwise have health insurance coverage) if the debtor documents the cost of such insurance and demonstrates that-

(A) such expenses are reasonable and necessary;

(B)

(i) if the debtor previously paid for health insurance, the amount is not materially larger than the cost the debtor previously paid or the cost necessary to maintain the lapsed policy; or

(ii) if the debtor did not have health insurance, the amount is not materially larger than the reasonable cost that would be incurred by a debtor who purchases health insurance, who has similar income, expenses, age, and health status, and who lives in the same geographical location with the same number of dependents who do not otherwise have health insurance coverage; and

(C) the amount is not otherwise allowed for purposes of determining disposable income under section 1325(b) of this title;

and upon request of any party in interest, files proof that a health insurance policy was purchased.

(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 the applicable commitment period under section 1325(b)(1)(B) 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.

(d)

(1) Subject to paragraph (3), for a plan confirmed prior to the date of enactment of this subsection, the plan may be modified upon the request of the debtor if-

(A) the debtor is experiencing or has experienced a material financial hardship due, directly or indirectly, to the coronavirus disease 2019 (COVID-19) pandemic; and

(B) the modification is approved after notice and a hearing.

(2) A plan modified under paragraph (1) may not provide for payments over a period that expires more than 7 years after the time that the first payment under the original confirmed plan was due.

(3) Sections 1322(a), 1322(b), 1323(c), and the requirements of section 1325(a) shall apply to any modification under paragraph (1).

11 U.S.C. § 1329

Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2651; Pub. L. 98-353, title III, §§319, 533, July 10, 1984, 98 Stat. 357, 389; Pub. L. 109-8, title I, §102(i), title III, §318(4), Apr. 20, 2005, 119 Stat. 34, 94; Pub. L. 116-136, div. A, title I, §1113(b)(1)(C),(2) (A)(iii), Mar. 27, 2020, 134 Stat. 311.

Amendment of Subsection (d)Pub. L. 116-136, div. A, title I, §1113(b)(2)(A)(iii), (B), Mar. 27, 2020, 134 Stat. 312, provided that effective 1 year after Mar. 27, 2020, this section is amended by striking subsection (d). See 2020 Amendment note below.

HISTORICAL AND REVISION NOTES

SENATE REPORT NO. 95-989At 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.

REFERENCES IN TEXTThe date of enactment of this subsection, referred to in subsec. (d)(1), is the date of enactment of Pub. L. 116-136 which was approved Mar. 27, 2020.

AMENDMENTS2020-Subsec. (d). Pub. L. 116-136, §1113(b)(2)(A)(ii), struck out subsec. (d) which related to modification of plan confirmed before Mar. 27, 2020, where debtor experienced material financial hardship due to coronavirus disease 2019 (COVID-19) pandemic.Pub. L. 116-136, §1113(b)(1)(C), added subsec. (d).2005-Subsec. (a)(4). Pub. L. 109-8, §102(i), added par. (4).Subsec. (c). Pub. L. 109-8, §318(4), substituted "the applicable commitment period under section 1325(b)(1)(B)" for "three years".1984-Subsec. (a). Pub. L. 98-353, §§319, 533, 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, §533(3), substituted "plan to" for "plan, to".

EFFECTIVE DATE OF 2020 AMENDMENTPub. L. 116-136, div. A, title I, §1113(b)(1)(D)(ii), Mar. 27, 2020, 134 Stat. 312, provided that: "The amendment made by subparagraph (C) [amending this section] shall apply to any case for which a plan has been confirmed under section 1325 of title 11, United States Code, before the date of enactment of this Act [Mar. 27, 2020]."Amendment by section 1113(b)(2)(A)(iii) of Pub. L. 116-136 effective 1 year after Mar. 27, 2020, see section 1113(b)(2)(B) of Pub. L. 116-136 set out as a note under section 101 of this title.

EFFECTIVE DATE OF 2005 AMENDMENTAmendment by Pub. L. 109-8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109-8 set out as a note under section 101 of this title.

EFFECTIVE DATE OF 1984 AMENDMENTAmendment 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.

claim

The term "claim" means-(A) right to payment, whether or not such right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured; or(B) right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured, or unsecured.

debtor

The term "debtor" means person or municipality concerning which a case under this title has been commenced.(13A) The term "debtor's principal residence"-(A) means a residential structure if used as the principal residence by the debtor, including incidental property, without regard to whether that structure is attached to real property; and(B) includes an individual condominium or cooperative unit, a mobile or manufactured home, or trailer if used as the principal residence by the debtor.