11 U.S.C. § 1329 : US Code - Section 1329: Modification of plan after confirmation

Search 11 U.S.C. § 1329 : US Code - Section 1329: Modification of plan after confirmation

(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;
and upon request of any party in interest, files proof that a
health insurance policy was purchased.
(b)(1) Sections 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.
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