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Title 11 — BankruptcyRelease 119-73

§1329 Modification of plan after confirmation

Title 11 › Chapter CHAPTER 13— - ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME › Subchapter SUBCHAPTER II— - THE PLAN › § 1329

Last updated Apr 6, 2026|Official source

Summary

After a repayment plan in a Chapter 13 case is approved but before all payments are finished, the debtor, the trustee, or a holder of an allowed unsecured claim can ask the court to change the plan. The change can raise or lower payments for a group of claims, lengthen or shorten the payment time, change what a creditor gets if they were paid outside the plan, or lower plan payments by the actual cost the debtor pays for health insurance for the debtor and any dependents if the cost is documented, reasonable, not much higher than prior or comparable costs, and is not already counted when figuring disposable income under section 1325(b). Any change must follow the same rules that applied to the original plan (including sections 1322(a), 1322(b), 1323(c), and 1325(a)). The plan as changed becomes the plan unless the court rejects the change after notice and a hearing. The modified plan cannot run past the applicable commitment period under section 1325(b)(1)(B) measured from when the first payment on the original plan was due, unless the court approves a longer time for cause, and even then it cannot go beyond five years from that date.

Full Legal Text

Title 11, §1329

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, 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;
(b)(1)section 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.

Legislative History

Notes & Related Subsidiaries

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). Pub. L. 117–5 substituted “the COVID–19 Bankruptcy Relief Extension Act of 2021” for “this subsection” in introductory provisions. 2020—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). Subsec. (e). Pub. 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. Pub. L. 116–260, § 1001(e)(1), added subsec. (e). 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(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). Pub. L. 98–353, § 533(3), substituted “plan to” for “plan, to”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2020 Amendment Pub. 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. Pub. L. 116–136, div. A, title I, § 1113(b)(1)(D)(ii), Mar. 27, 2020, 134 Stat. 312, as amended by Pub. L. 117–5, § 2(b)(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 [Pub. L. 117–5, approved Mar. 27, 2021].” Amendment by section 1113(b)(2)(A)(iii) of Pub. L. 116–136, effective 2 years 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.

Reference

Citations & Metadata

Citation

11 U.S.C. § 1329

Title 11 — Bankruptcy

Last Updated

Apr 6, 2026

Release point: 119-73