Changes in § 1322.
Contents of plan
Partial Payment of Assigned Support Claims
§1322(a)(4) allows less than full
payment of domestic support obligations assigned to or owed to the
government in a 5 year plan.
Allows Payment of Interest on Nondischargeable
Debt
§1322(b)(10) allows a plan to pay
interest on nondischargeable claims after full payment of all
allowed claims.
Plan Length Governed by Median Income
§1322(d) provides a maximum plan duration
of 3 to 5 years if the debtor has less income than the State's
median, or a maximum duration of 5 years for debtors with greater
than the State's median.
Excludes Pension, Profit-sharing, Stock Bonus,
and Other Plans
§1322(f) prohibits the modification loans
from pension, profit-sharing, stock bonus, or other plans, and
excludes the payment on loans from "disposable income."
Text appearing below in blue is the same in
H.R.333 and S.420. Text
in maroon is only in H.R.333. Text in
green is only in S.420. |
11 USC § 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; and
(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 last reported by the Bureau of the Census;
(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
last reported by the Bureau of the Census; 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 last reported
by the Bureau of the Census, 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 last reported by the Bureau of the Census;
(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
last reported by the Bureau of the Census; 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 last reported
by the Bureau of the Census, 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. |