§1193 — Title 11 Bankruptcy | U.S. Code

Summary

A person who owes money can change a repayment plan any time before the court confirms it. The changed plan must still follow the rules in sections 1122 and 1123, except for 1123(a)(8). Once the debtor files the changed plan with the court, that version becomes the plan. If the plan was already confirmed under 1191(a), the debtor can change it before the plan is substantially completed, but the change must still meet sections 1122 and 1123 (except 1123(a)(8)). That changed plan only becomes official if the court finds a good reason, gives notice, holds a hearing, and reconfirms it under 1191(a). If confirmed under 1191(b), changes are allowed within 3 years, or longer up to 5 years if the court sets that, and must meet 1191(b) and be reconfirmed after notice and a hearing. Under 1191(a), holders who already accepted or rejected the plan are treated the same for the modified plan unless they change their choice by the court’s deadline.

Title 11, §1193

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(a)The debtor may modify a 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 1122 and 1123 of this title, with the exception of subsection (a)(8) of such section 1123. After the modification is filed with the court, the plan as modified becomes the plan.

(b)If a plan has been confirmed under section 1191(a) of this title, the debtor may modify the plan at any time after confirmation of the plan and before substantial consummation of the plan, but may not modify the plan so that the plan as modified fails to meet the requirements of section 1122 and 1123 of this title, with the exception of subsection (a)(8) of such section 1123. The plan, as modified under this subsection, becomes the plan only if circumstances warrant the modification and the court, after notice and a hearing, confirms the plan as modified under section 1191(a) of this title.

(c)If a plan has been confirmed under section 1191(b) of this title, the debtor may modify the plan at any time within 3 years, or such longer time not to exceed 5 years, as fixed by the court, but may not modify the plan so that the plan as modified fails to meet the requirements of section 1191(b) of this title. The plan as modified under this subsection becomes the plan only if circumstances warrant such modification and the court, after notice and a hearing, confirms such plan, as modified, under section 1191(b) of this title.

(d)If a plan has been confirmed under section 1191(a) of this title, any holder of a claim or interest that has accepted or rejected the plan is deemed to have accepted or rejected, as the case may be, the plan as modified, unless, within the time fixed by the court, such holder changes the previous acceptance or rejection of the holder.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 180 days after Aug. 23, 2019, see section 5 of Pub. L. 116–54, set out as an

Effective Date

of 2019 Amendment note under section 101 of this title.

§1193 Modification of Plan

Summary

Title 11, §1193

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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