29th Mar 2016

-CITE-
11 USC CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY
FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME                          01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME

-HEAD-
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME

-MISC1-
SUBCHAPTER I – OFFICERS, ADMINISTRATION, AND THE ESTATE
Sec.
1201. Stay of action against codebtor.
1202. Trustee.
1203. Rights and powers of debtor.
1204. Removal of debtor as debtor in possession.
1205. Adequate protection.
1206. Sales free of interests.
1207. Property of the estate.
1208. Conversion or dismissal.

SUBCHAPTER II – THE PLAN
1221. Filing of plan.
1222. Contents of plan.
1223. Modification of plan before confirmation.
1224. Confirmation hearing.
1225. Confirmation of plan.
1226. Payments.
1227. Effect of confirmation.
1228. Discharge.
1229. Modification of plan after confirmation.
1230. Revocation of an order of confirmation.
1231. Special tax provisions.

-COD-
CODIFICATION
Chapter repealed effective Oct. 1, 1998, by Pub. L. 99-554, title
III, Sec. 302(f), Oct. 27, 1986, 100 Stat. 3124, as amended by Pub.
L. 103-65, Sec. 1, Aug. 6, 1993, 107 Stat. 311. Chapter, as in
effect on Sept. 30, 1998, reenacted for the period beginning on
Oct. 1, 1998, and ending on Apr. 1, 1999, by Pub. L. 105-277, div.
C, title I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610. Chapter
reenacted for successive periods running from Mar. 31, 1999, to
July 1, 2005, by Pub. L. 105-277, div. C, title I, Sec. 149(a),
Oct. 21, 1998, 112 Stat. 2681-610, as successively amended by Pub.
L. 106-5, Mar. 30, 1999, 113 Stat. 9; Pub. L. 106-70, Oct. 9, 1999,
113 Stat. 1031; Pub. L. 107-8, May 11, 2001, 115 Stat. 10; Pub. L.
107-17, June 26, 2001, 115 Stat. 151; Pub. L. 107-170, May 7, 2002,
116 Stat. 133; Pub. L. 107-171, title X, Sec. 10814, May 13, 2002,
116 Stat. 532; Pub. L. 107-377, Sec. 2, Dec. 19, 2002, 116 Stat.
3115; Pub. L. 108-73, Sec. 2, Aug. 15, 2003, 117 Stat. 891; Pub. L.
108-369, Sec. 2, Oct. 25, 2004, 118 Stat. 1749. Chapter, as in
effect on June 30, 2005, permanently reenacted effective July 1,
2005, by Pub. L. 109-8, title X, Sec. 1001(a), Apr. 20, 2005, 119
Stat. 185. See Repeal, Reenactment, and Termination of Chapter
notes and Effective Date notes set out under section 1201 of this
title.

-MISC2-
AMENDMENTS
2005 – Pub. L. 109-8, title X, Sec. 1007(c)(1), Apr. 20, 2005,
119 Stat. 188, inserted “OR FISHERMAN” after “FAMILY FARMER” in
chapter heading.

-End-

-CITE-
11 USC SUBCHAPTER I – OFFICERS, ADMINISTRATION, AND THE
ESTATE 01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME
SUBCHAPTER I – OFFICERS, ADMINISTRATION, AND THE ESTATE

-HEAD-
SUBCHAPTER I – OFFICERS, ADMINISTRATION, AND THE ESTATE

-End-

-CITE-
11 USC Sec. 1201 01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME
SUBCHAPTER I – OFFICERS, ADMINISTRATION, AND THE ESTATE

-HEAD-
Sec. 1201. Stay of action against codebtor

-STATUTE-
(a) Except as provided in subsections (b) and (c) of this
section, after the order for relief under this chapter, a creditor
may not act, or commence or continue any civil action, to collect
all or any part of a consumer debt of the debtor from any
individual that is liable on such debt with the debtor, or that
secured such debt, unless –
(1) such individual became liable on or secured such debt in
the ordinary course of such individual’s business; or
(2) the case is closed, dismissed, or converted to a case under
chapter 7 of this title.

(b) A creditor may present a negotiable instrument, and may give
notice of dishonor of such an instrument.
(c) On request of a party in interest and after notice and a
hearing, the court shall grant relief from the stay provided by
subsection (a) of this section with respect to a creditor, to the
extent that –
(1) as between the debtor and the individual protected under
subsection (a) of this section, such individual received the
consideration for the claim held by such creditor;
(2) the plan filed by the debtor proposes not to pay such
claim; or
(3) such creditor’s interest would be irreparably harmed by
continuation of such stay.

(d) Twenty days after the filing of a request under subsection
(c)(2) of this section for relief from the stay provided by
subsection (a) of this section, such stay is terminated with
respect to the party in interest making such request, unless the
debtor or any individual that is liable on such debt with the
debtor files and serves upon such party in interest a written
objection to the taking of the proposed action.

-SOURCE-
(Added and amended Pub. L. 99-554, title II, Sec. 255, title III,
Sec. 302(f), Oct. 27, 1986, 100 Stat. 3105, 3124; Pub. L. 103-65,
Sec. 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105-277, div. C, title
I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610; Pub. L. 106-5,
Sec. 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106-70, Sec. 1,
Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107-8, Sec. 1, May 11, 2001,
115 Stat. 10; Pub. L. 107-17, Sec. 1, June 26, 2001, 115 Stat. 151;
Pub. L. 107-170, Sec. 1, May 7, 2002, 116 Stat. 133; Pub. L. 107-
171, title X, Sec. 10814(a), May 13, 2002, 116 Stat. 532; Pub. L.
107-377, Sec. 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108-73,
Sec. 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108-369, Sec.
2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109-8, title X, Sec.
1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 185, 186.)

-COD-
CODIFICATION
For repeal of section effective Oct. 1, 1998, and subsequent
reenactment of section, see note set out preceding this section.

-MISC1-
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108-369, Sec. 2(b), Oct. 25, 2004, 118 Stat. 1749,
provided that: “The amendments made by subsection (a) [amending
this section and sections 1202 to 1208 and 1221 to 1231 of this
title and amending provisions set out as a note under this section]
are deemed to have taken effect on January 1, 2004.”

EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108-73, Sec. 2(b), Aug. 15, 2003, 117 Stat. 891, provided
that: “The amendments made by subsection (a) [amending this section
and sections 1202 to 1208 and 1221 to 1231 of this title and
amending provisions set out as a note under this section] take
effect on July 1, 2003.”

EFFECTIVE DATE OF 2002 AMENDMENTS
Pub. L. 107-377, Sec. 2(b), Dec. 19, 2002, 116 Stat. 3115,
provided that: “The amendments made by subsection (a) [amending
this section and sections 1202 to 1208 and 1221 to 1231 of this
title and amending provisions set out as a note under this section]
shall take effect on January 1, 2003.”
Pub. L. 107-171, title X, Sec. 10814(b), May 13, 2002, 116 Stat.
532, provided that: “The amendments made by subsection (a)
[amending this section and sections 1202 to 1208 and 1221 to 1231
of this title and amending provisions set out as a note under this
section] shall take effect on June 1, 2002.”
Pub. L. 107-170, Sec. 2, May 7, 2002, 116 Stat. 133, provided
that: “The amendments made by section 1 [amending this section and
sections 1202 to 1208 and 1221 to 1231 of this title and amending
provisions set out as a note under this section] shall take effect
on October 1, 2001.”

EFFECTIVE DATE OF 2001 AMENDMENTS
Pub. L. 107-17, Sec. 2, June 26, 2001, 115 Stat. 151, provided
that: “The amendments made by section 1 [amending this section and
sections 1202 to 1208 and 1221 to 1231 of this title and amending
provisions set out as a note under this section] shall take effect
on June 1, 2001.”
Pub. L. 107-8, Sec. 2, May 11, 2001, 115 Stat. 10, provided that:
“The amendments made by section 1 [amending this section and
sections 1202 to 1208 and 1221 to 1231 of this title and amending
provisions set out as a note under this section] shall take effect
on July 1, 2000.”

EFFECTIVE DATE OF 1999 AMENDMENTS
Pub. L. 106-70, Sec. 2, Oct. 9, 1999, 113 Stat. 1031, provided
that: “The amendments made by section 1 [amending this section and
sections 1202 to 1208 and 1221 to 1231 of this title and amending
provisions set out as a note under this section] shall take effect
on October 1, 1999.”
Pub. L. 106-5, Sec. 2, Mar. 30, 1999, 113 Stat. 9, provided that:
“The amendments made by section 1 [amending this section and
sections 1202 to 1208 and 1221 to 1231 of this title and amending
provisions set out as a note under this section] shall take effect
on April 1, 1999.”

EFFECTIVE DATE
Chapter effective 30 days after Oct. 27, 1986, but not applicable
to cases commenced under this title before that date, see section
302(a), (c)(1) of Pub. L. 99-554, set out as a note under section
581 of Title 28, Judiciary and Judicial Procedure.

REPEAL, REENACTMENT, AND TERMINATION OF CHAPTER
Pub. L. 109-8, title X, Sec. 1001(a), (b), Apr. 20, 2005, 119
Stat. 185, 186, provided that:
“(a) Reenactment. –
“(1) In general. – Chapter 12 of title 11, United States Code,
as reenacted by section 149 of division C of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999
(Public Law 105-277) [set out as a note below], and as in effect
on June 30, 2005, is hereby reenacted.
“(2) Effective date of reenactment. – Paragraph (1) shall take
effect on July 1, 2005.
“(b) Amendments – Chapter 12 of title 11, United States Code, as
reenacted by subsection (a), is amended by this Act [see Tables for
classification].”
Pub. L. 105-277, div. C, title I, Sec. 149, Oct. 21, 1998, 112
Stat. 2681-610, as amended by Pub. L. 106-5, Sec. 1, Mar. 30, 1999,
113 Stat. 9; Pub. L. 106-70, Sec. 1, Oct. 9, 1999, 113 Stat. 1031;
Pub. L. 107-8, Sec. 1, May 11, 2001, 115 Stat. 10; Pub. L. 107-17,
Sec. 1, June 26, 2001, 115 Stat. 151; Pub. L. 107-170, Sec. 1, May
7, 2002, 116 Stat. 133; Pub. L. 107-171, title X, Sec. 10814(a),
May 13, 2002, 116 Stat. 532; Pub. L. 107-377, Sec. 2(a), Dec. 19,
2002, 116 Stat. 3115; Pub. L. 108-73, Sec. 2(a), Aug. 15, 2003, 117
Stat. 891; Pub. L. 108-369, Sec. 2(a), Oct. 25, 2004, 118 Stat.
1749, provided that:
“(a) Chapter 12 of title 11 of the United States Code, as in
effect on December 31, 2003, is hereby reenacted for the period
beginning on January 1, 2004, and ending on July 1, 2005.
“(b) All cases commenced or pending under chapter 12 of title 11,
United States Code, as reenacted under subsection (a), and all
matters and proceedings in or relating to such cases, shall be
conducted and determined under such chapter as if such chapter were
continued in effect after July 1, 2005. The substantive rights of
parties in connection with such cases, matters, and proceedings
shall continue to be governed under the laws applicable to such
cases, matters, and proceedings as if such chapter were continued
in effect after July 1, 2005.”

Chapter was repealed Oct. 1, 1998, except that cases commenced or
pending under this chapter, and all matters and proceedings in or
relating to such cases, were to be conducted and determined as if
this chapter had not been repealed, and substantive rights of
parties in connection with such cases, matters, and proceedings
were to continue to be governed under the laws applicable to such
cases, matters, and proceedings as if this chapter had not been
repealed, see section 302(f) of Pub. L. 99-554, as amended,
formerly set out in an Effective Date of 1986 Amendment note under
section 581 of Title 28, Judiciary and Judicial Procedure.

-End-

-CITE-
11 USC Sec. 1202 01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME
SUBCHAPTER I – OFFICERS, ADMINISTRATION, AND THE ESTATE

-HEAD-
Sec. 1202. Trustee

-STATUTE-
(a) If the United States trustee has appointed an individual
under section 586(b) of title 28 to serve as standing trustee in
cases under this chapter and if such individual qualifies as a
trustee under section 322 of this title, then such individual shall
serve as trustee in any case filed under this chapter. Otherwise,
the United States trustee shall appoint one disinterested person to
serve as trustee in the case or the United States trustee may serve
as trustee in the case if necessary.
(b) The trustee shall –
(1) perform the duties specified in sections 704(a)(2),
704(a)(3), 704(a)(5), 704(a)(6), 704(a)(7), and 704(a)(9) of this
title;
(2) perform the duties specified in section 1106(a)(3) and
1106(a)(4) of this title if the court, for cause and on request
of a party in interest, the trustee, or the United States
trustee, so orders;
(3) appear and be heard at any hearing that concerns –
(A) the value of property subject to a lien;
(B) confirmation of a plan;
(C) modification of the plan after confirmation; or
(D) the sale of property of the estate;

(4) ensure that the debtor commences making timely payments
required by a confirmed plan;
(5) if the debtor ceases to be a debtor in possession, perform
the duties specified in sections 704(a)(8), 1106(a)(1),
1106(a)(2), 1106(a)(6), 1106(a)(7), and 1203; and
(6) if with respect to the debtor there is a claim for a
domestic support obligation, provide the applicable notice
specified in subsection (c).

(c)(1) In a case described in subsection (b)(6) to which
subsection (b)(6) applies, the trustee shall –
(A)(i) provide written notice to the holder of the claim
described in subsection (b)(6) of such claim and of the right of
such holder to use the services of the State child support
enforcement agency established under sections 464 and 466 of the
Social Security Act for the State in which such holder resides,
for assistance in collecting child support during and after the
case under this title; and
(ii) include in the notice provided under clause (i) the
address and telephone number of such State child support
enforcement agency;
(B)(i) provide written notice to such State child support
enforcement agency of such claim; and
(ii) include in the notice provided under clause (i) the name,
address, and telephone number of such holder; and
(C) at such time as the debtor is granted a discharge under
section 1228, provide written notice to such holder and to such
State child support enforcement agency of –
(i) the granting of the discharge;
(ii) the last recent known address of the debtor;
(iii) the last recent known name and address of the debtor’s
employer; and
(iv) the name of each creditor that holds a claim that –
(I) is not discharged under paragraph (2), (4), or (14A) of
section 523(a); or
(II) was reaffirmed by the debtor under section 524(c).

(2)(A) The holder of a claim described in subsection (b)(6) or
the State child support enforcement agency of the State in which
such holder resides may request from a creditor described in
paragraph (1)(C)(iv) the last known address of the debtor.
(B) Notwithstanding any other provision of law, a creditor that
makes a disclosure of a last known address of a debtor in
connection with a request made under subparagraph (A) shall not be
liable by reason of making that disclosure.

-SOURCE-
(Added and amended Pub. L. 99-554, title II, Secs. 227, 255, title
III, Sec. 302(f), Oct. 27, 1986, 100 Stat. 3103, 3106, 3124; Pub.
L. 103-65, Sec. 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105-277,
div. C, title I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610;
Pub. L. 106-5, Sec. 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L.
106-70, Sec. 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107-8, Sec.
1, May 11, 2001, 115 Stat. 10; Pub. L. 107-17, Sec. 1, June 26,
2001, 115 Stat. 151; Pub. L. 107-170, Sec. 1, May 7, 2002, 116
Stat. 133; Pub. L. 107-171, title X, Sec. 10814(a), May 13, 2002,
116 Stat. 532; Pub. L. 107-377, Sec. 2(a), Dec. 19, 2002, 116 Stat.
3115; Pub. L. 108-73, Sec. 2(a), Aug. 15, 2003, 117 Stat. 891; Pub.
L. 108-369, Sec. 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109-
8, title II, Sec. 219(c), title X, Sec. 1001(a)(1), (c), Apr. 20,
2005, 119 Stat. 57, 185, 186; Pub. L. 111-327, Sec. 2(a)(38), Dec.
22, 2010, 124 Stat. 3561.)

-REFTEXT-
REFERENCES IN TEXT
Sections 464 and 466 of the Social Security Act, referred to in
subsec. (c)(1)(A)(i), are classified to sections 664 and 666,
respectively, of Title 42, The Public Health and Welfare.

-COD-
CODIFICATION
For repeal of section effective Oct. 1, 1998, and subsequent
reenactment of section, see note set out preceding section 1201 of
this title.

-MISC1-
AMENDMENTS
2010 – Subsec. (b)(1). Pub. L. 111-327, Sec. 2(a)(38)(A),
substituted “704(a)(2), 704(a)(3), 704(a)(5), 704(a)(6), 704(a)(7),
and 704(a)(9)” for “704(2), 704(3), 704(5), 704(6), 704(7), and
704(9)”.
Subsec. (b)(5). Pub. L. 111-327, Sec. 2(a)(38)(B), substituted
“704(a)(8)” for “704(8)”.
2005 – Subsec. (b)(6). Pub. L. 109-8, Sec. 219(c)(1), added par.
(6).
Subsec. (c). Pub. L. 109-8, Sec. 219(c)(2), added subsec. (c).
1986 – Subsecs. (c), (d). Pub. L. 99-554, Sec. 227, struck out
subsecs. (c) and (d) which read as follows:
“(c) If the number of cases under this chapter commenced in a
particular judicial district so warrants, the court may appoint one
or more individuals to serve as standing trustee for such district
in cases under this chapter.
“(d)(1) A court that has appointed an individual under subsection
(a) of this section to serve as standing trustee in cases under
this chapter shall set for such individual –
“(A) a maximum annual compensation not to exceed the lowest
annual rate of basic pay in effect for grade GS-16 of the General
Schedule prescribed under section 5332 of title 5; and
“(B) a percentage fee not to exceed the sum of –
“(i) not to exceed ten percent of the payments made under the
plan of such debtor, with respect to payments in an aggregate
amount not to exceed $450,000; and
“(ii) three percent of payments made under the plan of such
debtor, with respect to payments made after the aggregate
amount of payments made under the plan exceeds $450,000;
based on such maximum annual compensation and the actual,
necessary expenses incurred by such individual as standing
trustee.
“(2) Such individual shall collect such percentage fee from all
payments under plans in the cases under this chapter for which such
individual serves as standing trustee. Such individual shall pay
annually to the Treasury –
“(A) any amount by which the actual compensation received by
such individual exceeds five percent of all such payments made
under plans in cases under this chapter for which such individual
serves as standing trustee; and
“(B) any amount by which the percentage fee fixed under
paragraph (1)(B) of this subsection for all such cases exceeds –
“(i) such individual’s actual compensation for such cases, as
adjusted under subparagraph (A) of this paragraph; plus
“(ii) the actual, necessary expenses incurred by such
individual as standing trustee in such cases.”

See section 586(b) and (e) of Title 28, Judiciary and Judicial
Procedure.

EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by section 219(c) of Pub. L. 109-8 effective 180 days
after Apr. 20, 2005, and not applicable with respect to cases
commenced under this title before such effective date, except as
otherwise provided, see section 1501 of Pub. L. 109-8, set out as a
note under section 101 of this title.

EFFECTIVE DATE
Section effective 30 days after Oct. 27, 1986, and before the
amendment by section 227 of Pub. L. 99-554, see section 302(c)(2)
of Pub. L. 99-554, set out as an Effective Date of 1986 Amendment
note under section 581 of Title 28, Judiciary and Judicial
Procedure.
Effective date and applicability of amendment by section 227 of
Pub. L. 99-554 dependent upon the judicial district involved, see
section 302(d), (e) of Pub. L. 99-554.

REFERENCES IN SUBSECTION (A) TEMPORARILY DEEMED TO BE REFERENCES TO
OTHER PROVISIONS
Until the amendments made by subtitle A (Secs. 201 to 231) of
title II of Pub. L. 99-554 become effective in a district and apply
to a case, in subsec. (a) of this section –
(1) the first two references to the United States trustee are
deemed to be references to the court, and
(2) any reference to section 586(b) of Title 28, Judiciary and
Judicial Procedure, is deemed to be a reference to subsec. (c) of
this section,
see section 302(c)(3)(B), (d), (e) of Pub. L. 99-554, set out as an
Effective Date note under section 581 of Title 28.

-End-

-CITE-
11 USC Sec. 1203 01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME
SUBCHAPTER I – OFFICERS, ADMINISTRATION, AND THE ESTATE

-HEAD-
Sec. 1203. Rights and powers of debtor

-STATUTE-
Subject to such limitations as the court may prescribe, a debtor
in possession shall have all the rights, other than the right to
compensation under section 330, and powers, and shall perform all
the functions and duties, except the duties specified in paragraphs
(3) and (4) of section 1106(a), of a trustee serving in a case
under chapter 11, including operating the debtor’s farm or
commercial fishing operation.

-SOURCE-
(Added and amended Pub. L. 99-554, title II, Sec. 255, title III,
Sec. 302(f), Oct. 27, 1986, 100 Stat. 3107, 3124; Pub. L. 103-65,
Sec. 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105-277, div. C, title
I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610; Pub. L. 106-5,
Sec. 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106-70, Sec. 1,
Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107-8, Sec. 1, May 11, 2001,
115 Stat. 10; Pub. L. 107-17, Sec. 1, June 26, 2001, 115 Stat. 151;
Pub. L. 107-170, Sec. 1, May 7, 2002, 116 Stat. 133; Pub. L. 107-
171, title X, Sec. 10814(a), May 13, 2002, 116 Stat. 532; Pub. L.
107-377, Sec. 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108-73,
Sec. 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108-369, Sec.
2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109-8, title X, Secs.
1001(a)(1), (c), 1007(c)(2), Apr. 20, 2005, 119 Stat. 185, 186,
188.)

-COD-
CODIFICATION
For repeal of section effective Oct. 1, 1998, and subsequent
reenactment of section, see note set out preceding section 1201 of
this title.

-MISC1-
AMENDMENTS
2005 – Pub. L. 109-8, Sec. 1007(c)(2), inserted “or commercial
fishing operation” after “farm”.

EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by section 1007(c)(2) of Pub. L. 109-8 effective 180
days after Apr. 20, 2005, and not applicable with respect to cases
commenced under this title before such effective date, except as
otherwise provided, see section 1501 of Pub. L. 109-8, set out as a
note under section 101 of this title.

-End-

-CITE-
11 USC Sec. 1204 01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME
SUBCHAPTER I – OFFICERS, ADMINISTRATION, AND THE ESTATE

-HEAD-
Sec. 1204. Removal of debtor as debtor in possession

-STATUTE-
(a) On request of a party in interest, and after notice and a
hearing, the court shall order that the debtor shall not be a
debtor in possession for cause, including fraud, dishonesty,
incompetence, or gross mismanagement of the affairs of the debtor,
either before or after the commencement of the case.
(b) On request of a party in interest, and after notice and a
hearing, the court may reinstate the debtor in possession.

-SOURCE-
(Added and amended Pub. L. 99-554, title II, Sec. 255, title III,
Sec. 302(f), Oct. 27, 1986, 100 Stat. 3107, 3124; Pub. L. 103-65,
Sec. 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105-277, div. C, title
I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610; Pub. L. 106-5,
Sec. 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106-70, Sec. 1,
Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107-8, Sec. 1, May 11, 2001,
115 Stat. 10; Pub. L. 107-17, Sec. 1, June 26, 2001, 115 Stat. 151;
Pub. L. 107-170, Sec. 1, May 7, 2002, 116 Stat. 133; Pub. L. 107-
171, title X, Sec. 10814(a), May 13, 2002, 116 Stat. 532; Pub. L.
107-377, Sec. 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108-73,
Sec. 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108-369, Sec.
2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109-8, title X, Sec.
1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 185, 186.)

-COD-
CODIFICATION
For repeal of section effective Oct. 1, 1998, and subsequent
reenactment of section, see note set out preceding section 1201 of
this title.

-End-

-CITE-
11 USC Sec. 1205 01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME
SUBCHAPTER I – OFFICERS, ADMINISTRATION, AND THE ESTATE

-HEAD-
Sec. 1205. Adequate protection

-STATUTE-
(a) Section 361 does not apply in a case under this chapter.
(b) In a case under this chapter, when adequate protection is
required under section 362, 363, or 364 of this title of an
interest of an entity in property, such adequate protection may be
provided by –
(1) requiring the trustee to make a cash payment or periodic
cash payments to such entity, to the extent that the stay under
section 362 of this title, use, sale, or lease under section 363
of this title, or any grant of a lien under section 364 of this
title results in a decrease in the value of property securing a
claim or of an entity’s ownership interest in property;
(2) providing to such entity an additional or replacement lien
to the extent that such stay, use, sale, lease, or grant results
in a decrease in the value of property securing a claim or of an
entity’s ownership interest in property;
(3) paying to such entity for the use of farmland the
reasonable rent customary in the community where the property is
located, based upon the rental value, net income, and earning
capacity of the property; or
(4) granting such other relief, other than entitling such
entity to compensation allowable under section 503(b)(1) of this
title as an administrative expense, as will adequately protect
the value of property securing a claim or of such entity’s
ownership interest in property.

-SOURCE-
(Added and amended Pub. L. 99-554, title II, Sec. 255, title III,
Sec. 302(f), Oct. 27, 1986, 100 Stat. 3107, 3124; Pub. L. 103-65,
Sec. 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105-277, div. C, title
I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610; Pub. L. 106-5,
Sec. 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106-70, Sec. 1,
Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107-8, Sec. 1, May 11, 2001,
115 Stat. 10; Pub. L. 107-17, Sec. 1, June 26, 2001, 115 Stat. 151;
Pub. L. 107-170, Sec. 1, May 7, 2002, 116 Stat. 133; Pub. L. 107-
171, title X, Sec. 10814(a), May 13, 2002, 116 Stat. 532; Pub. L.
107-377, Sec. 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108-73,
Sec. 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108-369, Sec.
2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109-8, title X, Sec.
1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 185, 186.)

-COD-
CODIFICATION
For repeal of section effective Oct. 1, 1998, and subsequent
reenactment of section, see note set out preceding section 1201 of
this title.

-End-

-CITE-
11 USC Sec. 1206 01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME
SUBCHAPTER I – OFFICERS, ADMINISTRATION, AND THE ESTATE

-HEAD-
Sec. 1206. Sales free of interests

-STATUTE-
After notice and a hearing, in addition to the authorization
contained in section 363(f), the trustee in a case under this
chapter may sell property under section 363(b) and (c) free and
clear of any interest in such property of an entity other than the
estate if the property is farmland, farm equipment, or property
used to carry out a commercial fishing operation (including a
commercial fishing vessel), except that the proceeds of such sale
shall be subject to such interest.

-SOURCE-
(Added and amended Pub. L. 99-554, title II, Sec. 255, title III,
Sec. 302(f), Oct. 27, 1986, 100 Stat. 3108, 3124; Pub. L. 103-65,
Sec. 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105-277, div. C, title
I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610; Pub. L. 106-5,
Sec. 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106-70, Sec. 1,
Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107-8, Sec. 1, May 11, 2001,
115 Stat. 10; Pub. L. 107-17, Sec. 1, June 26, 2001, 115 Stat. 151;
Pub. L. 107-170, Sec. 1, May 7, 2002, 116 Stat. 133; Pub. L. 107-
171, title X, Sec. 10814(a), May 13, 2002, 116 Stat. 532; Pub. L.
107-377, Sec. 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108-73,
Sec. 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108-369, Sec.
2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109-8, title X, Secs.
1001(a)(1), (c), 1007(c)(3), Apr. 20, 2005, 119 Stat. 185, 186,
188.)

-COD-
CODIFICATION
For repeal of section effective Oct. 1, 1998, and subsequent
reenactment of section, see note set out preceding section 1201 of
this title.

-MISC1-
AMENDMENTS
2005 – Pub. L. 109-8, Sec. 1007(c)(3), substituted “if the
property is farmland, farm equipment, or property used to carry out
a commercial fishing operation (including a commercial fishing
vessel)” for “if the property is farmland or farm equipment”.

EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by section 1007(c)(3) of Pub. L. 109-8 effective 180
days after Apr. 20, 2005, and not applicable with respect to cases
commenced under this title before such effective date, except as
otherwise provided, see section 1501 of Pub. L. 109-8, set out as a
note under section 101 of this title.

-End-

-CITE-
11 USC Sec. 1207 01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME
SUBCHAPTER I – OFFICERS, ADMINISTRATION, AND THE ESTATE

-HEAD-
Sec. 1207. Property of the estate

-STATUTE-
(a) Property of the estate includes, in addition to the property
specified in section 541 of this title –
(1) all property of the kind specified in such section that the
debtor acquires after the commencement of the case but before the
case is closed, dismissed, or converted to a case under chapter 7
of this title, whichever occurs first; and
(2) earnings from services performed by the debtor after the
commencement of the case but before the case is closed,
dismissed, or converted to a case under chapter 7 of this title,
whichever occurs first.

(b) Except as provided in section 1204, a confirmed plan, or an
order confirming a plan, the debtor shall remain in possession of
all property of the estate.

-SOURCE-
(Added and amended Pub. L. 99-554, title II, Sec. 255, title III,
Sec. 302(f), Oct. 27, 1986, 100 Stat. 3108, 3124; Pub. L. 103-65,
Sec. 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105-277, div. C, title
I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610; Pub. L. 106-5,
Sec. 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106-70, Sec. 1,
Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107-8, Sec. 1, May 11, 2001,
115 Stat. 10; Pub. L. 107-17, Sec. 1, June 26, 2001, 115 Stat. 151;
Pub. L. 107-170, Sec. 1, May 7, 2002, 116 Stat. 133; Pub. L. 107-
171, title X, Sec. 10814(a), May 13, 2002, 116 Stat. 532; Pub. L.
107-377, Sec. 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108-73,
Sec. 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108-369, Sec.
2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109-8, title X, Sec.
1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 185, 186.)

-COD-
CODIFICATION
For repeal of section effective Oct. 1, 1998, and subsequent
reenactment of section, see note set out preceding section 1201 of
this title.

-End-

-CITE-
11 USC Sec. 1208 01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME
SUBCHAPTER I – OFFICERS, ADMINISTRATION, AND THE ESTATE

-HEAD-
Sec. 1208. Conversion or dismissal

-STATUTE-
(a) The debtor may convert a case under this chapter to a case
under chapter 7 of this title at any time. Any waiver of the right
to convert under this subsection is unenforceable.
(b) On request of the debtor at any time, if the case has not
been converted under section 706 or 1112 of this title, the court
shall dismiss a case under this chapter. Any waiver of the right to
dismiss under this subsection is unenforceable.
(c) On request of a party in interest, and after notice and a
hearing, the court may dismiss a case under this chapter for cause,
including –
(1) unreasonable delay, or gross mismanagement, by the debtor
that is prejudicial to creditors;
(2) nonpayment of any fees and charges required under chapter
123 of title 28;
(3) failure to file a plan timely under section 1221 of this
title;
(4) failure to commence making timely payments required by a
confirmed plan;
(5) denial of confirmation of a plan under section 1225 of this
title and denial of a request made for additional time for filing
another plan or a modification of a plan;
(6) material default by the debtor with respect to a term of a
confirmed plan;
(7) revocation of the order of confirmation under section 1230
of this title, and denial of confirmation of a modified plan
under section 1229 of this title;
(8) termination of a confirmed plan by reason of the occurrence
of a condition specified in the plan;
(9) continuing loss to or diminution of the estate and absence
of a reasonable likelihood of rehabilitation; and
(10) failure of the debtor to pay any domestic support
obligation that first becomes payable after the date of the
filing of the petition.

(d) On request of a party in interest, and after notice and a
hearing, the court may dismiss a case under this chapter or convert
a case under this chapter to a case under chapter 7 of this title
upon a showing that the debtor has committed fraud in connection
with the case.
(e) Notwithstanding any other provision of this section, a case
may not be converted to a case under another chapter of this title
unless the debtor may be a debtor under such chapter.

-SOURCE-
(Added and amended Pub. L. 99-554, title II, Sec. 255, title III,
Sec. 302(f), Oct. 27, 1986, 100 Stat. 3108, 3124; Pub. L. 103-65,
Sec. 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105-277, div. C, title
I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610; Pub. L. 106-5,
Sec. 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106-70, Sec. 1,
Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107-8, Sec. 1, May 11, 2001,
115 Stat. 10; Pub. L. 107-17, Sec. 1, June 26, 2001, 115 Stat. 151;
Pub. L. 107-170, Sec. 1, May 7, 2002, 116 Stat. 133; Pub. L. 107-
171, title X, Sec. 10814(a), May 13, 2002, 116 Stat. 532; Pub. L.
107-377, Sec. 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108-73,
Sec. 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108-369, Sec.
2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109-8, title II, Sec.
213(2), title X, Sec. 1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 52,
185, 186.)

-COD-
CODIFICATION
For repeal of section effective Oct. 1, 1998, and subsequent
reenactment of section, see note set out preceding section 1201 of
this title.

-MISC1-
AMENDMENTS
2005 – Subsec. (c)(10). Pub. L. 109-8, Sec. 213(2), added par.
(10).

EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by section 213(2) of Pub. L. 109-8 effective 180 days
after Apr. 20, 2005, and not applicable with respect to cases
commenced under this title before such effective date, except as
otherwise provided, see section 1501 of Pub. L. 109-8, set out as a
note under section 101 of this title.

-End-

-CITE-
11 USC SUBCHAPTER II – THE PLAN 01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME
SUBCHAPTER II – THE PLAN

-HEAD-
SUBCHAPTER II – THE PLAN

-End-

-CITE-
11 USC Sec. 1221 01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME
SUBCHAPTER II – THE PLAN

-HEAD-
Sec. 1221. Filing of plan

-STATUTE-
The debtor shall file a plan not later than 90 days after the
order for relief under this chapter, except that the court may
extend such period if the need for an extension is attributable to
circumstances for which the debtor should not justly be held
accountable.

-SOURCE-
(Added and amended Pub. L. 99-554, title II, Sec. 255, title III,
Sec. 302(f), Oct. 27, 1986, 100 Stat. 3109, 3124; Pub. L. 103-65,
Secs. 1, 2, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105-277, div. C,
title I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610; Pub. L.
106-5, Sec. 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106-70,
Sec. 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107-8, Sec. 1, May
11, 2001, 115 Stat. 10; Pub. L. 107-17, Sec. 1, June 26, 2001, 115
Stat. 151; Pub. L. 107-170, Sec. 1, May 7, 2002, 116 Stat. 133;
Pub. L. 107-171, title X, Sec. 10814(a), May 13, 2002, 116 Stat.
532; Pub. L. 107-377, Sec. 2(a), Dec. 19, 2002, 116 Stat. 3115;
Pub. L. 108-73, Sec. 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L.
108-369, Sec. 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109-8,
title X, Sec. 1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 185, 186.)

-COD-
CODIFICATION
For repeal of section effective Oct. 1, 1998, and subsequent
reenactment of section, see note set out preceding section 1201 of
this title.

-MISC1-
AMENDMENTS
1993 – Pub. L. 103-65 substituted “the need for an extension is
attributable to circumstances for which the debtor should not
justly be held accountable” for “an extension is substantially
justified”.

EFFECTIVE DATE OF 1993 AMENDMENT
Section 3 of Pub. L. 103-65 provided that:
“(a) Effective Date. – Except as provided in subsection (b), this
Act [amending this section and provisions set out as a note under
section 581 of Title 28, Judiciary and Judicial Procedure] and the
amendments made by this Act shall take effect on the date of the
enactment of this Act [Aug. 6, 1993].
“(b) Application of Amendment Made by Section 2. – The amendment
made by section 2 [amending this section] shall not apply with
respect to cases commenced under title 11 of the United States Code
before the date of the enactment of this Act.”

-End-

-CITE-
11 USC Sec. 1222 01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME
SUBCHAPTER II – THE PLAN

-HEAD-
Sec. 1222. Contents of plan

-STATUTE-
(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, unless –
(A) the claim is a claim owed to a governmental unit that
arises as a result of the sale, transfer, exchange, or other
disposition of any farm asset used in the debtor’s farming
operation, in which case the claim shall be treated as an
unsecured claim that is not entitled to priority under section
507, but the debt shall be treated in such manner only if the
debtor receives a discharge; or
(B) the holder of a particular claim agrees to a different
treatment of that claim;

(3) if the plan classifies claims and interests, provide the
same treatment for each claim or interest within a particular
class unless the holder of a particular claim or interest agrees
to less favorable treatment; 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, 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) 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) 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;
(7) provide for the payment of all or part of a claim against
the debtor from property of the estate or property of the debtor;
(8) provide for the sale of all or any part of the property of
the estate or the distribution of all or any part of the property
of the estate among those having an interest in such property;
(9) provide for payment of allowed secured claims consistent
with section 1225(a)(5) of this title, over a period exceeding
the period permitted under section 1222(c);
(10) 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;
(11) provide for the payment of interest accruing after the
date of the filing of the petition on unsecured claims that are
nondischargeable under section 1228(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
(12) include any other appropriate provision not inconsistent
with this title.

(c) Except as provided in subsections (b)(5) and (b)(9), the plan
may not provide for payments over a period that is longer than
three years unless the court for cause approves a longer period,
but the court may not approve a period that is longer than five
years.
(d) Notwithstanding subsection (b)(2) of this section and
sections 506(b) and 1225(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.

-SOURCE-
(Added and amended Pub. L. 99-554, title II, Sec. 255, title III,
Sec. 302(f), Oct. 27, 1986, 100 Stat. 3109, 3124; Pub. L. 103-65,
Sec. 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 103-394, title III,
Sec. 305(b), Oct. 22, 1994, 108 Stat. 4134; Pub. L. 105-277, div.
C, title I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610; Pub. L.
106-5, Sec. 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106-70,
Sec. 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107-8, Sec. 1, May
11, 2001, 115 Stat. 10; Pub. L. 107-17, Sec. 1, June 26, 2001, 115
Stat. 151; Pub. L. 107-170, Sec. 1, May 7, 2002, 116 Stat. 133;
Pub. L. 107-171, title X, Sec. 10814(a), May 13, 2002, 116 Stat.
532; Pub. L. 107-377, Sec. 2(a), Dec. 19, 2002, 116 Stat. 3115;
Pub. L. 108-73, Sec. 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L.
108-369, Sec. 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109-8,
title II, Sec. 213(3), (4), title X, Secs. 1001(a)(1), (c),
1003(a), Apr. 20, 2005, 119 Stat. 52, 185, 186.)

-COD-
CODIFICATION
For repeal of section effective Oct. 1, 1998, and subsequent
reenactment of section, see note set out preceding section 1201 of
this title.

-MISC1-
AMENDMENTS
2005 – Subsec. (a)(2). Pub. L. 109-8, Sec. 1003(a), amended par.
(2) generally. Prior to amendment, par. (2) read as follows:
“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;”.
Subsec. (a)(4). Pub. L. 109-8, Sec. 213(3), added par. (4).
Subsec. (b)(11), (12). Pub. L. 109-8, Sec. 213(4), added par.
(11) and redesignated former par. (11) as (12).
1994 – Subsec. (d). Pub. L. 103-394 added subsec. (d).

EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109-8, title X, Sec. 1003(c), Apr. 20, 2005, 119 Stat.
186, provided that: “This section [amending this section and
section 1231 of this title] and the amendments made by this section
shall take effect on the date of the enactment of this Act [Apr.
20, 2005] and shall not apply with respect to cases commenced under
title 11 of the United States Code before such date.”
Amendment by section 213(3), (4) of Pub. L. 109-8 effective 180
days after Apr. 20, 2005, and not applicable with respect to cases
commenced under this title before such effective date, except as
otherwise provided, see section 1501 of Pub. L. 109-8, set out as a
note under section 101 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and
applicable only to agreements entered into after Oct. 22, 1994, see
section 702 of Pub. L. 103-394, set out as a note under section 101
of this title.

-End-

-CITE-
11 USC Sec. 1223 01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME
SUBCHAPTER II – THE PLAN

-HEAD-
Sec. 1223. Modification of plan before confirmation

-STATUTE-
(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.

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

-COD-
CODIFICATION
For repeal of section effective Oct. 1, 1998, and subsequent
reenactment of section, see note set out preceding section 1201 of
this title.

-End-

-CITE-
11 USC Sec. 1224 01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME
SUBCHAPTER II – THE PLAN

-HEAD-
Sec. 1224. Confirmation hearing

-STATUTE-
After expedited notice, the court shall hold a hearing on
confirmation of the plan. A party in interest, the trustee, or the
United States trustee may object to the confirmation of the plan.
Except for cause, the hearing shall be concluded not later than 45
days after the filing of the plan.

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

-COD-
CODIFICATION
For repeal of section effective Oct. 1, 1998, and subsequent
reenactment of section, see note set out preceding section 1201 of
this title.

-End-

-CITE-
11 USC Sec. 1225 01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME
SUBCHAPTER II – THE PLAN

-HEAD-
Sec. 1225. Confirmation of plan

-STATUTE-
(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 the holder of such claim retain
the lien securing such claim; and
(ii) the value, as of the effective date of the plan, of
property to be distributed by the trustee or the debtor under
the plan on account of such claim is not less than the allowed
amount of such claim; 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; and
(7) 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.

(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;
(B) the plan provides that all of the debtor’s projected
disposable income to be received in the three-year period, or
such longer period as the court may approve under section
1222(c), beginning on the date that the first payment is due
under the plan will be applied to make payments under the plan;
or
(C) the value of the property to be distributed under the plan
in the 3-year period, or such longer period as the court may
approve under section 1222(c), beginning on the date that the
first distribution is due under the plan is not less than the
debtor’s projected disposable income for such period.

(2) For purposes of this subsection, “disposable income” means
income which is received by the debtor and which is not reasonably
necessary to be expended –
(A) 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 of the filing of the petition; or
(B) for the payment of expenditures necessary for the
continuation, preservation, and operation of the debtor’s
business.

(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-
(Added and amended Pub. L. 99-554, title II, Sec. 255, title III,
Sec. 302(f), Oct. 27, 1986, 100 Stat. 3110, 3124; Pub. L. 103-65,
Sec. 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105-277, div. C, title
I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610; Pub. L. 106-5,
Sec. 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106-70, Sec. 1,
Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107-8, Sec. 1, May 11, 2001,
115 Stat. 10; Pub. L. 107-17, Sec. 1, June 26, 2001, 115 Stat. 151;
Pub. L. 107-170, Sec. 1, May 7, 2002, 116 Stat. 133; Pub. L. 107-
171, title X, Sec. 10814(a), May 13, 2002, 116 Stat. 532; Pub. L.
107-377, Sec. 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108-73,
Sec. 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108-369, Sec.
2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109-8, title II, Secs.
213(5), 218, title X, Secs. 1001(a)(1), (c), 1006(a), Apr. 20,
2005, 119 Stat. 52, 55, 185-187.)

-COD-
CODIFICATION
For repeal of section effective Oct. 1, 1998, and subsequent
reenactment of section, see note set out preceding section 1201 of
this title.

-MISC1-
AMENDMENTS
2005 – Subsec. (a)(7). Pub. L. 109-8, Sec. 213(5), added par.
(7).
Subsec. (b)(1)(C). Pub. L. 109-8, Sec. 1006(a), added subpar.
(C).
Subsec. (b)(2)(A). Pub. L. 109-8, Sec. 218, inserted “or for a
domestic support obligation that first becomes payable after the
date of the filing of the petition” after “dependent of the
debtor”.

EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by sections 213(5), 218, and 1006(a) of Pub. L. 109-8
effective 180 days after Apr. 20, 2005, and not applicable with
respect to cases commenced under this title before such effective
date, except as otherwise provided, see section 1501 of Pub. L. 109-
8, set out as a note under section 101 of this title.

-End-

-CITE-
11 USC Sec. 1226 01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME
SUBCHAPTER II – THE PLAN

-HEAD-
Sec. 1226. Payments

-STATUTE-
(a) Payments and funds received by the trustee shall be retained
by the trustee until confirmation or denial of confirmation of a
plan. If a plan is confirmed, the trustee shall distribute any such
payment in accordance with the plan. If a plan is not confirmed,
the trustee shall return any such payments to the debtor, after
deducting –
(1) any unpaid claim allowed under section 503(b) of this
title; and
(2) if a standing trustee is serving in the case, the
percentage fee fixed for such standing trustee.

(b) Before or at the time of each payment to creditors under the
plan, there shall be paid –
(1) any unpaid claim of the kind specified in section 507(a)(2)
of this title; and
(2) if a standing trustee appointed under section 1202(c) (!1)
of this title is serving in the case, the percentage fee fixed
for such standing trustee under section 1202(d) (!1) of this
title.

(c) Except as otherwise provided in the plan or in the order
confirming the plan, the trustee shall make payments to creditors
under the plan.

-SOURCE-
(Added and amended Pub. L. 99-554, title II, Sec. 255, title III,
Sec. 302(f), Oct. 27, 1986, 100 Stat. 3111, 3124; Pub. L. 103-65,
Sec. 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 103-394, title V, Sec.
501(d)(36), Oct. 22, 1994, 108 Stat. 4147; Pub. L. 105-277, div. C,
title I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610; Pub. L.
106-5, Sec. 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106-70,
Sec. 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107-8, Sec. 1, May
11, 2001, 115 Stat. 10; Pub. L. 107-17, Sec. 1, June 26, 2001, 115
Stat. 151; Pub. L. 107-170, Sec. 1, May 7, 2002, 116 Stat. 133;
Pub. L. 107-171, title X, Sec. 10814(a), May 13, 2002, 116 Stat.
532; Pub. L. 107-377, Sec. 2(a), Dec. 19, 2002, 116 Stat. 3115;
Pub. L. 108-73, Sec. 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L.
108-369, Sec. 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109-8,
title X, Sec. 1001(a)(1), (c), title XV, Sec. 1502(a)(9), Apr. 20,
2005, 119 Stat. 185, 186, 217.)

-REFTEXT-
REFERENCES IN TEXT
Section 1202(c) and (d) of this title, referred to in subsec.
(b)(2), was repealed by section 227 of Pub. L. 99-554, and
provisions relating to appointment of and fixing percentage fees
for standing trustees are contained in section 586(b) and (e) of
Title 28, Judiciary and Judicial Procedure, as amended by section
113(b), (c) of Pub. L. 99-554.

-COD-
CODIFICATION
For repeal of section effective Oct. 1, 1998, and subsequent
reenactment of section, see note set out preceding section 1201 of
this title.

-MISC1-
AMENDMENTS
2005 – Subsec. (b)(1). Pub. L. 109-8, Sec. 1502(a)(9),
substituted “507(a)(2)” for “507(a)(1)”.
1994 – Subsec. (b)(2). Pub. L. 103-394 substituted “1202(c)” for
“1202(d)” and “1202(d)” for “1202(e)”.

EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by section 1502(a)(9) of Pub. L. 109-8 effective 180
days after Apr. 20, 2005, and not applicable with respect to cases
commenced under this title before such effective date, except as
otherwise provided, see section 1501 of Pub. L. 109-8, set out as a
note under section 101 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not
applicable with respect to cases commenced under this title before
Oct. 22, 1994, see section 702 of Pub. L. 103-394, set out as a
note under section 101 of this title.

-FOOTNOTE-
(!1) See References in Text note below.

-End-

-CITE-
11 USC Sec. 1227 01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME
SUBCHAPTER II – THE PLAN

-HEAD-
Sec. 1227. Effect of confirmation

-STATUTE-
(a) Except as provided in section 1228(a) of this title, the
provisions of a confirmed plan bind the debtor, each creditor, each
equity security holder, and each general partner in the debtor,
whether or not the claim of such creditor, such equity security
holder, or such general partner in the debtor is provided for by
the plan, and whether or not such creditor, such equity security
holder, or such general partner in the debtor has objected to, has
accepted, or has rejected the plan.
(b) Except as otherwise provided in the plan or the order
confirming the plan, the confirmation of a plan vests all of the
property of the estate in the debtor.
(c) Except as provided in section 1228(a) of this title and
except as otherwise provided in the plan or in the order confirming
the plan, the property vesting in the debtor under subsection (b)
of this section is free and clear of any claim or interest of any
creditor provided for by the plan.

-SOURCE-
(Added and amended Pub. L. 99-554, title II, Sec. 255, title III,
Sec. 302(f), Oct. 27, 1986, 100 Stat. 3112, 3124; Pub. L. 103-65,
Sec. 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105-277, div. C, title
I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610; Pub. L. 106-5,
Sec. 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106-70, Sec. 1,
Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107-8, Sec. 1, May 11, 2001,
115 Stat. 10; Pub. L. 107-17, Sec. 1, June 26, 2001, 115 Stat. 151;
Pub. L. 107-170, Sec. 1, May 7, 2002, 116 Stat. 133; Pub. L. 107-
171, title X, Sec. 10814(a), May 13, 2002, 116 Stat. 532; Pub. L.
107-377, Sec. 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108-73,
Sec. 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108-369, Sec.
2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109-8, title X, Sec.
1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 185, 186.)

-COD-
CODIFICATION
For repeal of section effective Oct. 1, 1998, and subsequent
reenactment of section, see note set out preceding section 1201 of
this title.

-End-

-CITE-
11 USC Sec. 1228 01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME
SUBCHAPTER II – THE PLAN

-HEAD-
Sec. 1228. Discharge

-STATUTE-
(a) Subject to subsection (d), as soon as practicable after
completion by the debtor of all payments under the plan, and in the
case of a debtor who is required by a judicial or administrative
order, or by statute, to pay a domestic support obligation, after
such debtor certifies that all amounts payable under such order or
such statute that are due on or before the date of the
certification (including amounts due before the petition was filed,
but only to the extent provided for by the plan) have been paid,
other than payments to holders of allowed claims provided for under
section 1222(b)(5) or 1222(b)(9) of this title, unless the court
approves a written waiver of discharge executed by the debtor after
the order for relief under this chapter, the court shall grant the
debtor a discharge of all debts provided for by the plan allowed
under section 503 of this title or disallowed under section 502 of
this title, except any debt –
(1) provided for under section 1222(b)(5) or 1222(b)(9) of this
title; or
(2) of the kind specified in section 523(a) of this title.

(b) Subject to subsection (d), at any time after the confirmation
of the plan and after notice and a hearing, the court may grant a
discharge to a debtor that has not completed payments under the
plan only if –
(1) the debtor’s failure to complete such payments is due to
circumstances for which the debtor should not justly be held
accountable;
(2) the value, as of the effective date of the plan, of
property actually distributed under the plan on account of each
allowed unsecured claim is not less than the amount that would
have been paid on such claim if the estate of the debtor had been
liquidated under chapter 7 of this title on such date; and
(3) modification of the plan under section 1229 of this title
is not practicable.

(c) A discharge granted under subsection (b) of this section
discharges the debtor from all unsecured debts provided for by the
plan or disallowed under section 502 of this title, except any debt

(1) provided for under section 1222(b)(5) or 1222(b)(9) of this
title; or
(2) of a kind specified in section 523(a) of this title.

(d) On request of a party in interest before one year after a
discharge under this section is granted, and after notice and a
hearing, the court may revoke such discharge only if –
(1) such discharge was obtained by the debtor through fraud;
and
(2) the requesting party did not know of such fraud until after
such discharge was granted.

(e) After the debtor is granted a discharge, the court shall
terminate the services of any trustee serving in the case.
(f) The court may not grant a discharge under this chapter unless
the court after notice and a hearing held not more than 10 days
before the date of the entry of the order granting the discharge
finds that there is no reasonable cause to believe that –
(1) section 522(q)(1) may be applicable to the debtor; and
(2) there is pending any proceeding in which the debtor may be
found guilty of a felony of the kind described in section
522(q)(1)(A) or liable for a debt of the kind described in
section 522(q)(1)(B).

-SOURCE-
(Added and amended Pub. L. 99-554, title II, Sec. 255, title III,
Sec. 302(f), Oct. 27, 1986, 100 Stat. 3112, 3124; Pub. L. 103-65,
Sec. 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105-277, div. C, title
I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610; Pub. L. 106-5,
Sec. 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106-70, Sec. 1,
Oct. 9, 1999, 113 Stat. 1031; Pub. L. 106-518, title II, Sec. 208,
Nov. 13, 2000, 114 Stat. 2415; Pub. L. 107-8, Sec. 1, May 11, 2001,
115 Stat. 10; Pub. L. 107-17, Sec. 1, June 26, 2001, 115 Stat. 151;
Pub. L. 107-170, Sec. 1, May 7, 2002, 116 Stat. 133; Pub. L. 107-
171, title X, Sec. 10814(a), May 13, 2002, 116 Stat. 532; Pub. L.
107-377, Sec. 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108-73,
Sec. 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108-369, Sec.
2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109-8, title II, Sec.
213(6), title III, Sec. 330(c), title X, Sec. 1001(a)(1), (c), Apr.
20, 2005, 119 Stat. 53, 101, 185, 186.)

-COD-
CODIFICATION
For repeal of section effective Oct. 1, 1998, and subsequent
reenactment of section, see note set out preceding section 1201 of
this title.

-MISC1-
AMENDMENTS
2005 – Subsec. (a). Pub. L. 109-8, Sec. 330(c)(1), substituted
“Subject to subsection (d), as” for “As” in introductory
provisions.
Pub. L. 109-8, Sec. 213(6), inserted “, and in the case of a
debtor who is required by a judicial or administrative order, or by
statute, to pay a domestic support obligation, after such debtor
certifies that all amounts payable under such order or such statute
that are due on or before the date of the certification (including
amounts due before the petition was filed, but only to the extent
provided for by the plan) have been paid” after “completion by the
debtor of all payments under the plan” in introductory provisions.
Subsec. (b). Pub. L. 109-8, Sec. 330(c)(2), substituted “Subject
to subsection (d), at” for “At” in introductory provisions.
Subsec. (f). Pub. L. 109-8, Sec. 330(c)(3), added subsec. (f).
2000 – Subsecs. (a), (c)(1). Pub. L. 106-518 substituted
“1222(b)(9)” for “1222(b)(10)” wherever appearing.

EFFECTIVE DATE OF 2005 AMENDMENT
Amendments by sections 213(6) and 330(c) of Pub. L. 109-8
effective 180 days after Apr. 20, 2005, with amendment by section
213(6) of Pub. L. 109-8 not applicable with respect to cases
commenced under this title before such effective date, except as
otherwise provided, and amendment by section 330(c) of Pub. L. 109-
8 applicable with respect to cases commenced under this title on
or after Apr. 20, 2005, see section 1501 of Pub. L. 109-8, set out
as a note under section 101 of this title.

-End-

-CITE-
11 USC Sec. 1229 01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME
SUBCHAPTER II – THE PLAN

-HEAD-
Sec. 1229. Modification of plan after confirmation

-STATUTE-
(a) At any time after confirmation of the plan but before the
completion of payments under such plan, the plan may be modified,
on 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; or
(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.

(b)(1) Sections 1222(a), 1222(b), and 1223(c) of this title and
the requirements of section 1225(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 three years 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.
(d) A plan may not be modified under this section –
(1) to increase the amount of any payment due before the plan
as modified becomes the plan;
(2) by anyone except the debtor, based on an increase in the
debtor’s disposable income, to increase the amount of payments to
unsecured creditors required for a particular month so that the
aggregate of such payments exceeds the debtor’s disposable income
for such month; or
(3) in the last year of the plan by anyone except the debtor,
to require payments that would leave the debtor with insufficient
funds to carry on the farming operation after the plan is
completed.

-SOURCE-
(Added and amended Pub. L. 99-554, title II, Sec. 255, title III,
Sec. 302(f), Oct. 27, 1986, 100 Stat. 3113, 3124; Pub. L. 103-65,
Sec. 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105-277, div. C, title
I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610; Pub. L. 106-5,
Sec. 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106-70, Sec. 1,
Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107-8, Sec. 1, May 11, 2001,
115 Stat. 10; Pub. L. 107-17, Sec. 1, June 26, 2001, 115 Stat. 151;
Pub. L. 107-170, Sec. 1, May 7, 2002, 116 Stat. 133; Pub. L. 107-
171, title X, Sec. 10814(a), May 13, 2002, 116 Stat. 532; Pub. L.
107-377, Sec. 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108-73,
Sec. 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108-369, Sec.
2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109-8, title X, Secs.
1001(a)(1), (c), 1006(b), Apr. 20, 2005, 119 Stat. 185-187.)

-COD-
CODIFICATION
For repeal of section effective Oct. 1, 1998, and subsequent
reenactment of section, see note set out preceding section 1201 of
this title.

-MISC1-
AMENDMENTS
2005 – Subsec. (d). Pub. L. 109-8, Sec. 1006(b), added subsec.
(d).

EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by section 1006(b) of Pub. L. 109-8 effective 180 days
after Apr. 20, 2005, and not applicable with respect to cases
commenced under this title before such effective date, except as
otherwise provided, see section 1501 of Pub. L. 109-8, set out as a
note under section 101 of this title.

-End-

-CITE-
11 USC Sec. 1230 01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME
SUBCHAPTER II – THE PLAN

-HEAD-
Sec. 1230. Revocation of an order of confirmation

-STATUTE-
(a) On request of a party in interest at any time within 180 days
after the date of the entry of an order of confirmation under
section 1225 of this title, and after notice and a hearing, the
court may revoke such order if such order was procured by fraud.
(b) If the court revokes an order of confirmation under
subsection (a) of this section, the court shall dispose of the case
under section 1207 of this title, unless, within the time fixed by
the court, the debtor proposes and the court confirms a
modification of the plan under section 1229 of this title.

-SOURCE-
(Added and amended Pub. L. 99-554, title II, Sec. 255, title III,
Sec. 302(f), Oct. 27, 1986, 100 Stat. 3113, 3124; Pub. L. 103-65,
Sec. 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105-277, div. C, title
I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610; Pub. L. 106-5,
Sec. 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106-70, Sec. 1,
Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107-8, Sec. 1, May 11, 2001,
115 Stat. 10; Pub. L. 107-17, Sec. 1, June 26, 2001, 115 Stat. 151;
Pub. L. 107-170, Sec. 1, May 7, 2002, 116 Stat. 133; Pub. L. 107-
171, title X, Sec. 10814(a), May 13, 2002, 116 Stat. 532; Pub. L.
107-377, Sec. 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108-73,
Sec. 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108-369, Sec.
2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109-8, title X, Sec.
1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 185, 186.)

-COD-
CODIFICATION
For repeal of section effective Oct. 1, 1998, and subsequent
reenactment of section, see note set out preceding section 1201 of
this title.

-End-

-CITE-
11 USC Sec. 1231 01/07/2011

-EXPCITE-
TITLE 11 – BANKRUPTCY
CHAPTER 12 – ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN
WITH REGULAR ANNUAL INCOME
SUBCHAPTER II – THE PLAN

-HEAD-
Sec. 1231. Special tax provisions

-STATUTE-
(a) The issuance, transfer, or exchange of a security, or the
making or delivery of an instrument of transfer under a plan
confirmed under section 1225 of this title, may not be taxed under
any law imposing a stamp tax or similar tax.
(b) The court may authorize the proponent of a plan to request a
determination, limited to questions of law, by any governmental
unit charged with responsibility for collection or determination of
a tax on or measured by income, of the tax effects, under section
346 of this title and under the law imposing such tax, of the plan.
In the event of an actual controversy, the court may declare such
effects after the earlier of –
(1) the date on which such governmental unit responds to the
request under this subsection; or
(2) 270 days after such request.

-SOURCE-
(Added and amended Pub. L. 99-554, title II, Sec. 255, title III,
Sec. 302(f), Oct. 27, 1986, 100 Stat. 3113, 3124; Pub. L. 103-65,
Sec. 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105-277, div. C, title
I, Sec. 149(a), Oct. 21, 1998, 112 Stat. 2681-610; Pub. L. 106-5,
Sec. 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106-70, Sec. 1,
Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107-8, Sec. 1, May 11, 2001,
115 Stat. 10; Pub. L. 107-17, Sec. 1, June 26, 2001, 115 Stat. 151;
Pub. L. 107-170, Sec. 1, May 7, 2002, 116 Stat. 133; Pub. L. 107-
171, title X, Sec. 10814(a), May 13, 2002, 116 Stat. 532; Pub. L.
107-377, Sec. 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108-73,
Sec. 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108-369, Sec.
2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109-8, title VII, Sec.
719(b)(4), title X, Secs. 1001(a)(1), (c), 1003(b), Apr. 20, 2005,
119 Stat. 133, 185, 186.)

-COD-
CODIFICATION
For repeal of section effective Oct. 1, 1998, and subsequent
reenactment of section, see note set out preceding section 1201 of
this title.

-MISC1-
AMENDMENTS
2005 – Subsec. (a). Pub. L. 109-8, Sec. 719(b)(4), redesignated
subsec. (c) as (a) and struck out former subsec. (a) which read as
follows: “For the purpose of any State or local law imposing a tax
on or measured by income, the taxable period of a debtor that is an
individual shall terminate on the date of the order for relief
under this chapter, unless the case was converted under section 706
of this title.”
Subsec. (b). Pub. L. 109-8, Sec. 1003(b), substituted “any
governmental unit” for “a State or local governmental unit”.
Pub. L. 109-8, Sec. 719(b)(4), redesignated subsec. (d) as (b)
and struck out former subsec. (b) which read as follows: “The
trustee shall make a State or local tax return of income for the
estate of an individual debtor in a case under this chapter for
each taxable period after the order for relief under this chapter
during which the case is pending.”
Subsecs. (c), (d). Pub. L. 109-8, Sec. 719(b)(4)(B), redesignated
subsecs. (c) and (d) as (a) and (b), respectively.

EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by section 1003(b) of Pub. L. 109-8 effective Apr. 20,
2005, and not applicable with respect to cases commenced under this
title before Apr. 20, 2005, see section 1003(c) of Pub. L. 109-8,
set out as a note under section 1222 of this title.
Amendment by section 719(b)(4) of Pub. L. 109-8 effective 180
days after Apr. 20, 2005, and not applicable with respect to cases
commenced under this title before such effective date, except as
otherwise provided, see section 1501 of Pub. L. 109-8, set out as a
note under section 101 of this title.

-End-

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