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11 U.S.C. § 1325Confirmation of plan

submitted 48 years ago by Pub. L. 95-598 to r/title-11-BANKRUPTCY · 1,188 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section lists the conditions for confirming a Chapter 13 repayment plan. It addresses plan compliance, fees, good faith, secured and unsecured claims, ability to pay, support obligations, taxes, disposable income, commitment periods, and payment of income to the trustee.

(a) Required confirmation. Unless (b) applies, the court must confirm the plan if: (1) it follows this chapter and other applicable title provisions; (2) required fees and charges due before confirmation have been paid; (3) it was proposed in good faith and legally; (4) each allowed unsecured claim will receive at least what it would receive if the debtor’s estate were liquidated under chapter 7 on the plan’s effective date; (5) for each allowed secured claim, the holder accepted the plan, or the plan preserves the lien until the debt is paid or discharge under section 1328 and preserves it after dismissal or conversion to the extent nonbankruptcy law recognizes it, distributes property worth at least the allowed claim, and uses equal monthly payments that adequately protect a personal-property secured claim, or the debtor surrenders the collateral; (6) the debtor can make all payments and comply; (7) filing was in good faith; (8) the debtor paid domestic-support amounts that became due after filing when required by order or law; and (9) the debtor filed all required Federal, State, and local returns under section 1308. Section 506 does not apply to certain purchase-money claims for a personal-use motor vehicle incurred within 910 days before filing, or other collateral acquired within 1 year before filing. (b) Objection by trustee or unsecured creditor. (1) If the trustee or an allowed unsecured-claim holder objects, the court may not approve the plan unless the plan will distribute at least the full claim’s value or will apply all projected disposable income received during the applicable commitment period to unsecured creditors. (2) “Disposable income” means current monthly income minus amounts reasonably necessary for the debtor’s or a dependent’s support, qualifying post-filing domestic support, qualifying charitable contributions up to 15 percent of gross income, and, for a debtor in business, necessary business continuation and operating expenses. Child support, foster-care, and dependent-child disability payments are excluded to the extent reasonably necessary for that child. (3) Except for charitable contributions, necessary amounts are determined under section 707(b)(2)(A) and (B) when annualized current monthly income exceeds the applicable State median threshold: the one-person threshold for one earner; the highest threshold for a family of the same or fewer size for households of 2 to 4; or the four-person threshold plus $525 per month for each person over 4 for larger households. (4) The applicable commitment period is 3 years, or at least 5 years when the debtor and spouse’s annualized income meets those same household thresholds. It may be shorter only if the plan pays all allowed unsecured claims in full during the shorter period. (c) Income paid to trustee. After confirmation, the court may order any entity paying the debtor income to pay all or part of that income to the trustee.
the actual law source: uscode.house.gov ↗public domain
(a)

Except as provided in subsection (b), the court shall confirm a plan if—

(1)

The plan complies with the provisions of this chapter and with the other applicable provisions of this title;

(2)

any fee, charge, or amount required under chapter 123 of title 28, or by the plan, to be paid before confirmation, has been paid;

(3)

the plan has been proposed in good faith and not by any means forbidden by law;

(4)

the value, as of the effective date of the plan, of property to be distributed under the plan on account of each allowed unsecured claim is not less than the amount that would be paid on such claim if the estate of the debtor were liquidated under chapter 7 of this title on such date;

(5)

with respect to each allowed secured claim provided for by the plan—

(A)

the holder of such claim has accepted the plan;

(B)
(i)

the plan provides that—

(I)

the holder of such claim retain the lien securing such claim until the earlier of—

(aa)

the payment of the underlying debt determined under nonbankruptcy law; or

(bb)

discharge under section 1328; and

(II)

if the case under this chapter is dismissed or converted without completion of the plan, such lien shall also be retained by such holder to the extent recognized by applicable nonbankruptcy law;

(ii)

the value, as of the effective date of the plan, of property to be distributed under the plan on account of such claim is not less than the allowed amount of such claim; and

(iii)

if—

(I)

property to be distributed pursuant to this subsection is in the form of periodic payments, such payments shall be in equal monthly amounts; and

(II)

the holder of the claim is secured by personal property, the amount of such payments shall not be less than an amount sufficient to provide to the holder of such claim adequate protection during the period of the plan; or

(C)

the debtor surrenders the property securing such claim to such holder;

(6)

the debtor will be able to make all payments under the plan and to comply with the plan;

(7)

the action of the debtor in filing the petition was in good faith;

(8)

the debtor has paid all amounts that are required to be paid under a domestic support obligation and that first become payable after the date of the filing of the petition if the debtor is required by a judicial or administrative order, or by statute, to pay such domestic support obligation; and

(9)

the debtor has filed all applicable Federal, State, and local tax returns as required by section 1308.

For purposes of paragraph (5), section 506 shall not apply to a claim described in that paragraph if the creditor has a purchase money security interest securing the debt that is the subject of the claim, the debt was incurred within the 910-day period preceding the date of the filing of the petition, and the collateral for that debt consists of a motor vehicle (as defined in section 30102 of title 49) acquired for the personal use of the debtor, or if collateral for that debt consists of any other thing of value, if the debt was incurred during the 1-year period preceding that filing.

(b)
(1)

If the trustee or the holder of an allowed unsecured claim objects to the confirmation of the plan, then the court may not approve the plan unless, as of the effective date of the plan—

(A)

the value of the property to be distributed under the plan on account of such claim is not less than the amount of such claim; or

(B)

the plan provides that all of the debtor’s projected disposable income to be received in the applicable commitment period beginning on the date that the first payment is due under the plan will be applied to make payments to unsecured creditors under the plan.

(2)

For purposes of this subsection, the term “disposable income” means current monthly income received by the debtor (other than child support payments, foster care payments, or disability payments for a dependent child made in accordance with applicable nonbankruptcy law to the extent reasonably necessary to be expended for such child) less amounts reasonably necessary to be expended—

(A)
(i)

for the maintenance or support of the debtor or a dependent of the debtor, or for a domestic support obligation, that first becomes payable after the date the petition is filed; and

(ii)

for charitable contributions (that meet the definition of “charitable contribution” under section 548(d)(3)) to a qualified religious or charitable entity or organization (as defined in section 548(d)(4)) in an amount not to exceed 15 percent of gross income of the debtor for the year in which the contributions are made; and

(B)

if the debtor is engaged in business, for the payment of expenditures necessary for the continuation, preservation, and operation of such business.

(3)

Amounts reasonably necessary to be expended under paragraph (2), other than subparagraph (A)(ii) of paragraph (2), shall be determined in accordance with subparagraphs (A) and (B) of section 707(b)(2), if the debtor has current monthly income, when multiplied by 12, greater 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 1 per month for each individual in excess of 4.

(4)

For purposes of this subsection, the “applicable commitment period”—

(A)

subject to subparagraph (B), shall be—

(i)

3 years; or

(ii)

not less than 5 years, if the current monthly income of the debtor and the debtor’s spouse combined, when multiplied by 12, is not less than—

(I)

in the case of a debtor in a household of 1 person, the median family income of the applicable State for 1 earner;

(II)

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

(III)

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 1 per month for each individual in excess of 4; and

(B)

may be less than 3 or 5 years, whichever is applicable under subparagraph (A), but only if the plan provides for payment in full of all allowed unsecured claims over a shorter period.

(c)

After confirmation of a plan, the court may order any entity from whom the debtor receives income to pay all or any part of such income to the trustee.

Source credit: (Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2649; Pub. L. 98–353, title III, §§ 317, 530, July 10, 1984, 98 Stat. 356, 389; Pub. L. 99–554, title II, § 283(y), Oct. 27, 1986, 100 Stat. 3118; Pub. L. 105–183, § 4(a), June 19, 1998, 112 Stat. 518; Pub. L. 109–8, title I, § 102(g), (h), title II, § 213(10), title III, §§ 306(a), (b), 309(c)(1), 318(2), (3), title VII, § 716(a), Apr. 20, 2005, 119 Stat. 33, 53, 80, 83, 93, 129; Pub. L. 109–439, § 2, Dec. 20, 2006, 120 Stat. 3285; Pub. L. 111–327, § 2(a)(44), Dec. 22, 2010, 124 Stat. 3562; Pub. L. 116–136, div. A, title I, § 1113(b)(1)(B), (2)(A)(ii), Mar. 27, 2020, 134 Stat. 311, 312; Pub. L. 116–260, div. N, title III, § 320(e), (f)(2)(A)(v), Dec. 27, 2020, 134 Stat. 2016, 2017.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-598 · 92 Stat. 2649
  • 1984Amended · Pub. L. 98-353 · 98 Stat. 356, 389
  • 1986Amended · Pub. L. 99-554 · 100 Stat. 3118
  • 1998Amended · Pub. L. 105-183 · 112 Stat. 518
  • 2005Amended · Pub. L. 109-8 · 119 Stat. 33, 53, 80, 83, 93, 129
  • 2006Amended · Pub. L. 109-439 · 120 Stat. 3285
  • 2010Amended · Pub. L. 111-327 · 124 Stat. 3562
  • 2020Amended · Pub. L. 116-136 · 134 Stat. 311, 312
  • 2020Amended · Pub. L. 116-260 · 134 Stat. 2016, 2017

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-598 on 1978-11-06.

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