11 U.S.C. § 1322 : US Code - Section 1322: Contents of plan

Search 11 U.S.C. § 1322 : US Code - Section 1322: Contents of plan

(a) The plan shall -
(1) provide for the submission of all or such portion of future
earnings or other future income of the debtor to the supervision
and control of the trustee as is necessary for the execution of
the plan;
(2) provide for the full payment, in deferred cash payments, of
all claims entitled to priority under section 507 of this title,
unless the holder of a particular claim agrees to a different
treatment of such claim;
(3) if the plan classifies claims, provide the same treatment
for each claim within a particular class; and
(4) notwithstanding any other provision of this section, a plan
may provide for less than full payment of all amounts owed for a
claim entitled to priority under section 507(a)(1)(B) only if the
plan provides that all of the debtor's projected disposable
income for a 5-year period beginning on the date that the first
payment is due under the plan will be applied to make payments
under the plan.
(b) Subject to subsections (a) and (c) of this section, the plan
may -
(1) designate a class or classes of unsecured claims, as
provided in section 1122 of this title, but may not discriminate
unfairly against any class so designated; however, such plan may
treat claims for a consumer debt of the debtor if an individual
is liable on such consumer debt with the debtor differently than
other unsecured claims;
(2) modify the rights of holders of secured claims, other than
a claim secured only by a security interest in real property that
is the debtor's principal residence, or of holders of unsecured
claims, or leave unaffected the rights of holders of any class of
claims;
(3) provide for the curing or waiving of any default;
(4) provide for payments on any unsecured claim to be made
concurrently with payments on any secured claim or any other
unsecured claim;
(5) notwithstanding paragraph (2) of this subsection, provide
for the curing of any default within a reasonable time and
maintenance of payments while the case is pending on any
unsecured claim or secured claim on which the last payment is due
after the date on which the final payment under the plan is due;
(6) provide for the payment of all or any part of any claim
allowed under section 1305 of this title;
(7) subject to section 365 of this title, provide for the
assumption, rejection, or assignment of any executory contract or
unexpired lease of the debtor not previously rejected under such
section;
(8) provide for the payment of all or part of a claim against
the debtor from property of the estate or property of the debtor;
(9) provide for the vesting of property of the estate, on
confirmation of the plan or at a later time, in the debtor or in
any other entity;
(10) provide for the payment of interest accruing after the
date of the filing of the petition on unsecured claims that are
nondischargeable under section 1328(a), except that such interest
may be paid only to the extent that the debtor has disposable
income available to pay such interest after making provision for
full payment of all allowed claims; and
(11) include any other appropriate provision not inconsistent
with this title.
(c) Notwithstanding subsection (b)(2) and applicable
nonbankruptcy law -
(1) a default with respect to, or that gave rise to, a lien on
the debtor's principal residence may be cured under paragraph (3)
or (5) of subsection (b) until such residence is sold at a
foreclosure sale that is conducted in accordance with applicable
nonbankruptcy law; and
(2) in a case in which the last payment on the original payment
schedule for a claim secured only by a security interest in real
property that is the debtor's principal residence is due before
the date on which the final payment under the plan is due, the
plan may provide for the payment of the claim as modified
pursuant to section 1325(a)(5) of this title.
(d)(1) If the current monthly income of the debtor and the
debtor's spouse combined, when multiplied by 12, is not less than -

(A) in the case of a debtor in a household of 1 person, the
median family income of the applicable State for 1 earner;
(B) in the case of a debtor in a household of 2, 3, or 4
individuals, the highest median family income of the applicable
State for a family of the same number or fewer individuals; or
(C) in the case of a debtor in a household exceeding 4
individuals, the highest median family income of the applicable
State for a family of 4 or fewer individuals, plus $525 per month
for each individual in excess of 4,
the plan may not provide for payments over a period that is longer
than 5 years.
(2) If the current monthly income of the debtor and the debtor's
spouse combined, when multiplied by 12, is less than -
(A) in the case of a debtor in a household of 1 person, the
median family income of the applicable State for 1 earner;
(B) in the case of a debtor in a household of 2, 3, or 4
individuals, the highest median family income of the applicable
State for a family of the same number or fewer individuals; or
(C) in the case of a debtor in a household exceeding 4
individuals, the highest median family income of the applicable
State for a family of 4 or fewer individuals, plus $525 per month
for each individual in excess of 4,
the plan may not provide for payments over a period that is longer
than 3 years, unless the court, for cause, approves a longer
period, but the court may not approve a period that is longer than
5 years.
(e) Notwithstanding subsection (b)(2) of this section and
sections 506(b) and 1325(a)(5) of this title, if it is proposed in
a plan to cure a default, the amount necessary to cure the default,
shall be determined in accordance with the underlying agreement and
applicable nonbankruptcy law.
(f) A plan may not materially alter the terms of a loan described
in section 362(b)(19) and any amounts required to repay such loan
shall not constitute "disposable income" under section 1325.