Modification of plan before confirmation

  1. Law
  2. USC 11
  3. Bankruptcy
  4. ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME
  5. THE PLAN
  6. Modification of plan before confirmation

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§1223. Modification of plan before confirmation

(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 1222 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.

(Added and amended Pub. L. 99–554, title II, §255, title III, §302(f), Oct. 27, 1986, 100 Stat. 3110 , 3124; Pub. L. 103–65, §1, Aug. 6, 1993, 107 Stat. 311 ; Pub. L. 105–277, div. C, title I, §149(a), Oct. 21, 1998, 112 Stat. 2681–610 ; Pub. L. 106–5, §1(1), (2), Mar. 30, 1999, 113 Stat. 9 ; Pub. L. 106–70, §1, Oct. 9, 1999, 113 Stat. 1031 ; Pub. L. 107–8, §1, May 11, 2001, 115 Stat. 10 ; Pub. L. 107–17, §1, June 26, 2001, 115 Stat. 151 ; Pub. L. 107–170, §1, May 7, 2002, 116 Stat. 133 ; Pub. L. 107–171, title X, §10814(a), May 13, 2002, 116 Stat. 532 ; Pub. L. 107–377, §2(a), Dec. 19, 2002, 116 Stat. 3115 ; Pub. L. 108–73, §2(a), Aug. 15, 2003, 117 Stat. 891 ; Pub. L. 108–369, §2(a), Oct. 25, 2004, 118 Stat. 1749 ; Pub. L. 109–8, title X, §1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 185 , 186.)


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.


Statutory Notes and Related Subsidiaries

Effective Dates

Permanent 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 dates 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.


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