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TITLE 11.
BANKRUPTCY · UNITED STATES CODE
Chapter 13.
Adjustment of Debts of an Individual with Regular Income
Subchapter II. The Plan
11
USC § 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.
Rev. 5-28-05]
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