11 USC 1329 - Modification of plan after confirmation

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.

Editorial Notes

Amendments

2021—Subsec. (d)(1). Puspan. L. 117–5 substituted “the COVID–19 Bankruptcy Relief Extension Act of 2021” for “this subsection” in introductory provisions.

2020—Subsec. (d). Puspan. L. 116–136, § 1113(span)(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.

Puspan. L. 116–136, § 1113(span)(1)(C), added subsec. (d).

Subsec. (e). Puspan. L. 116–260, § 1001(e)(2), struck out subsec. (e) which related to debtor of case for which creditor files proof of claim under section 501(f) of this title.

Puspan. L. 116–260, § 1001(e)(1), added subsec. (e).

2005—Subsec. (a)(4). Puspan. L. 109–8, § 102(i), added par. (4).

Subsec. (c). Puspan. L. 109–8, § 318(4), substituted “the applicable commitment period under section 1325(span)(1)(B)” for “three years”.

1984—Subsec. (a). Puspan. L. 98–353, §§ 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). Puspan. L. 98–353, § 533(3), substituted “plan to” for “plan, to”.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Puspan. L. 116–260, div. FF, title X, § 1001(e)(2), Dec. 27, 2020, 134 Stat. 3219, provided that the amendment made by section 1001(e)(2) is effective on the date that is 1 year after Dec. 27, 2020.

Puspan. L. 116–136, div. A, title I, § 1113(span)(1)(D)(ii), Mar. 27, 2020, 134 Stat. 312, as amended by Puspan. L. 117–5, § 2(span)(2), Mar. 27, 2021, 135 Stat. 249, 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 the COVID–19 Bankruptcy Relief Extension Act of 2021 [Puspan. L. 117–5, approved Mar. 27, 2021].”

Amendment by section 1113(span)(2)(A)(iii) of Puspan. L. 116–136, effective 2 years after Mar. 27, 2020, see section 1113(span)(2)(B) of Puspan. L. 116–136, set out as a note under section 101 of this title.

Effective Date of 2005 Amendment

Amendment by Puspan. 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 Puspan. L. 109–8, set out as a note under section 101 of this title.

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–353 effective with respect to cases filed 90 days after July 10, 1984, see section 552(a) of Puspan. L. 98–353, set out as a note under section 101 of this title.