§1323 — Title 11 Bankruptcy | U.S. Code

Summary

The debtor can change the plan any time before the court confirms it, but the new plan must still follow the law’s rules about what a plan can include. Once the change is filed, it replaces the old plan; a holder of a secured claim who already accepted or rejected stays the same unless the change alters their rights and they change their vote.

Title 11, §1323

Bankruptcy — Source: USLM XML via OLRC

(a)The debtor may modify the plan at any time before confirmation, but may not modify the plan so that the plan as modified fails to meet the requirements of section 1322 of this title.

(b)After the debtor files a modification under this section, the plan as modified becomes the plan.

(c)Any holder of a secured claim that has accepted or rejected the plan is deemed to have accepted or rejected, as the case may be, the plan as modified, unless the modification provides for a change in the rights of such holder from what such rights were under the plan before modification, and such holder changes such holder’s previous acceptance or rejection.

Notes & Related Subsidiaries

Historical and Revision Notes

senate report no. 95–989

The debtor is permitted to modify the plan before confirmation without court approval so long as the modified plan, which becomes the plan on filing, complies with the requirements of section 1322. The original acceptance or rejection of a plan by the holder of a secured claim remains binding unless the modified plan changes the rights of the holder and the holder withdraws or alters its earlier acceptance or rejection.

§1323 Modification of plan before confirmation

Summary

Title 11, §1323

Notes & Related Subsidiaries

Historical and Revision Notes

senate report no. 95–989

Citations & Metadata