Title 11BankruptcyRelease 119-73

§1229 Modification of plan after confirmation

Title 11 › Chapter CHAPTER 12— - ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME › Subchapter SUBCHAPTER II— - THE PLAN › § 1229

Last updated Apr 6, 2026|Official source

Summary

Allows changes to a confirmed repayment plan at any time before all payments are finished. The debtor, the trustee, or a creditor with an allowed unsecured claim can ask for changes. The plan can be changed to raise or lower payments for a group of claims, change how long payments run, adjust a creditor’s share if that creditor was paid outside the plan, or add certain claims that started after the case began. Any change must follow the same rules used to make and confirm a plan. The changed plan becomes the official plan unless the court rejects it after notice and a hearing. A changed plan cannot schedule payments that go beyond three years after the date the first payment under the original confirmed plan was due, unless the court allows more time for a good reason, and even then never beyond five years after that date. A change cannot increase any payment that is already due before the modified plan takes effect. Except for the debtor, no one may raise payments based on an increase in the debtor’s disposable income if that would make monthly payments exceed the debtor’s available monthly income. In the plan’s last year, only the debtor can make changes that would leave them without enough money to continue farming after the plan ends.

Full Legal Text

Title 11, §1229

Bankruptcy — Source: USLM XML via OLRC

(a)At any time after confirmation of the plan but before the completion of payments under such plan, the plan may be modified, on 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)provide for the payment of a claim described in section 1232(a) that arose after the date on which the petition was filed.
(b)(1)section 1222(a), 1222(b), and 1223(c) of this title and the requirements of section 1225(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.
(d)A plan may not be modified under this section—
(1)to increase the amount of any payment due before the plan as modified becomes the plan;
(2)by anyone except the debtor, based on an increase in the debtor’s disposable income, to increase the amount of payments to unsecured creditors required for a particular month so that the aggregate of such payments exceeds the debtor’s disposable income for such month; or
(3)in the last year of the plan by anyone except the debtor, to require payments that would leave the debtor with insufficient funds to carry on the farming operation after the plan is completed.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title.

Amendments

2017—Subsec. (a)(4). Pub. L. 115–72 added par. (4). 2005—Subsec. (d). Pub. L. 109–8, § 1006(b), added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date

of 2017 AmendmentAmendment by Pub. L. 115–72 applicable to bankruptcy cases pending on Oct. 26, 2017, in which the plan under this chapter has not been confirmed on Oct. 26, 2017, and relating to which an order of discharge under section 1228 of this title has not been entered, and to bankruptcy cases that commence on or after Oct. 26, 2017, see section 1005(c) of Pub. L. 115–72, set out as a note under section 1222 of this title.

Effective Date

of 2005 AmendmentAmendment by section 1006(b) of 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

sPermanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of Pub. L. 109–8, set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title. For

Effective Date

s of section and

Amendments

extending periods for which section was reenacted prior to permanent reenactment, see

Effective Date

and

Effective Date

of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title.

Reference

Citations & Metadata

Citation

11 U.S.C. § 1229

Title 11Bankruptcy

Last Updated

Apr 6, 2026

Release point: 119-73