Title 11, BankruptcyRelease 119-102
§1323 Modification of Plan Before Confirmation
Title 11 › CHAPTER 13 — ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME › SUBCHAPTER II — THE PLAN › § 1323
Summary
Debtor may modify a plan before confirmation, but modification must meet section 1322. Once filed, it replaces the old plan. A secured-claim holder who accepted or rejected is treated the same unless the modification changes that holder’s rights and the holder changes that choice.
Full Legal Text
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.
Legislative History
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.
Reference
Citations & Metadata
Citation
11 U.S.C. § 1323
Title 11, Bankruptcy
Last Updated
Aug 21, 2026
Release point: 119-102