Modifying a Confirmed Chapter 13 Plan

How does modifying a confirmed Chapter 13 plan actually work?

The governing provision is 11 U.S.C. § 1329. It permits modification "at any time after confirmation of the plan but before the completion of payments under such plan," on request of the debtor, the trustee, or the holder of an allowed unsecured claim. That timing window matters: once all plan payments are complete, § 1329 is no longer available.

The statute lists what a modification can do. It can increase or reduce the amount of payments on claims of a particular class, extend or reduce the time for those payments, or alter the distribution to a creditor to account for a payment made outside the plan. It also allows a reduction for documented health insurance costs meeting the conditions in § 1329(a)(4).

Procedurally, § 1329(b)(2) says the plan as modified becomes the plan unless, after notice and a hearing, the modification is disapproved. In practice, that means the request is filed and served, parties get a window to object, and courts commonly enter an order if nobody objects.

• Increase or reduce payments on claims of a particular class
• Extend or reduce the time for those payments
• Alter a distribution to account for a payment made other than under the plan
• Reduce amounts paid under the plan by documented health insurance costs meeting § 1329(a)(4)

What changes the answer in your case?

Two things shape what a modification can realistically ask for: timing and the confirmation standards that still apply.

On timing, § 1329(c) sets an outer boundary. A modified plan may not provide for payments over a period expiring after the applicable commitment period under § 1325(b)(1)(B), measured from when the first payment under the original confirmed plan was due — unless the court, for cause, approves a longer period. Even then, the court may not approve a period expiring more than five years after that time. So there is a ceiling on how far payments can be stretched.

On standards, § 1329(b)(1) carries forward §§ 1322(a), 1322(b), and 1323(c), plus the requirements of § 1325(a). A modification is not a blank page. The modified plan still has to satisfy the confirmation requirements the original plan did, which is why courts and trustees look closely at feasibility and at what unsecured creditors receive.

What does federal law actually say about post-confirmation modification?

It helps to separate two different statutes that sound alike. Before confirmation, 11 U.S.C. § 1323 governs: the debtor may modify the plan at any time before confirmation without court approval, and after the modification is filed, the plan as modified becomes the plan. A secured claim holder that already accepted or rejected is deemed to have accepted or rejected the modified plan unless the modification changes that holder's rights and the holder changes its position.

After confirmation, § 1329 takes over, and the posture is different. Only three categories of parties can request it, the permitted changes are enumerated, the confirmation requirements of § 1325(a) apply again, and the five-year ceiling in § 1329(c) applies.

Fed. R. Bankr. P. 3015 supplies the procedural frame for Chapter 12 and 13 plans, including form requirements, service, and modification. Related provisions cover neighboring chapters — § 1229 for Chapter 12, § 1127 for Chapter 11, and § 1193 for Subchapter V — but a consumer Chapter 13 case runs on § 1329.

Where do local court rules differ?

The statute is national; the paperwork is local. Districts vary in what the motion must contain, how it is served, how long parties have to object, and whether a hearing happens automatically.

Some examples from published local rules. The District of Maryland requires that a motion under § 1329(a) be accompanied by a proposed modified plan, with the hearing date selected from the court's scheduler and set more than 33 but less than 60 days after service (D. Md. LBR 3015-5). The District of South Dakota requires the motion to name each affected creditor or class, describe each proposed change in detail, state current and prior years' actual income and expenses, project income and expenses for the remaining plan term, include a current liquidation analysis, and note any change to the first or last payment date (Bankr. D.S.D. R. 3015-5).

Others set objection windows: 21 days in the Middle District of Florida and Southern District of Indiana, 30 days under the Mississippi standing order. Check your own district before assuming.

• Whether a proposed modified plan must be attached to the motion
• Whether amended Schedules I and J are required when income or expenses changed
• The length of the objection or negative-notice period
• Whether the trustee, rather than the debtor, uploads the proposed order
• Whether a hearing is set automatically or only if someone objects

What does a plan modification look like in practice?

The Middle District of Florida's procedure manual describes the everyday version plainly: a motion to modify a confirmed plan is typically filed by the debtor, though the trustee or a creditor with an allowed unsecured proof of claim can file one, and it asks to adjust plan payments because of circumstances that arose after confirmation. The situations it names are ordinary ones — the debtor's income is lowered, one income in a joint case is lost, or a mortgage payment changes.

From there, districts follow a recognizable arc. The motion and any proposed modified plan are filed, served on the trustee and affected creditors with a certificate of service, and carry notice of an objection deadline. If nobody objects, many courts approve the modification without a hearing, and in several districts the trustee uploads the proposed order. If someone objects, the court sets a hearing.

Eastern District of Tennessee adds a step worth knowing: the debtor's notice must set a meeting with the Chapter 13 trustee at least 21 days after service, where the debtor can be examined about the proposed modified plan.

• File the motion, and in most districts a proposed modified plan
• Serve the trustee and affected creditors, then file a certificate of service
• Include the objection deadline in the notice, in the form the local rule requires
• No objection: many courts rule without a hearing; objection: the court sets one

What documents and information are usually involved?

Local rules are specific about content, and a motion that skips a required element commonly gets bounced or delayed.

A recurring requirement is that the motion state the changes with specificity rather than simply attaching a new plan. The Middle District of Georgia says exactly that: the modification must describe each proposed change, and attaching the new proposed plan does not satisfy the requirement. The Middle District of Alabama requires the modified terms stated with specificity plus a copy of the amended plan, with changed provisions bolded or highlighted. The Middle District of Louisiana requires the modified plan to state the reason for the modification, identify the changed circumstances, show all changes in contrasting type or underscoring, and disclose counsel's fees previously awarded and any additional fees sought.

Amended schedules come up constantly. Southern District of Indiana requires supplemental Schedules I and J whenever the motion is based on a change in income or expenses; Eastern District of Tennessee requires amended Schedules I and J when the motion seeks to reduce plan payments.

• The motion itself, signed, with the specific changes and the reason for them
• A proposed modified plan, where the local rule requires one
• Amended Schedules I and J when income or expenses changed
• Current and projected income and expenses, and a liquidation analysis in some districts
• A certificate of service and a notice containing the correct objection language

What should you ask a lawyer about your own plan?

The statute tells you what is permitted; it does not tell you what your trustee and judge will accept in your case. Those are the questions worth bringing to a bankruptcy attorney in your district, and to your own Chapter 13 trustee's office, which handles these motions constantly.

Be specific about facts and dates. When did the income change, by how much, and is it likely to be temporary or lasting? How many payments remain, and when was the first payment under the original confirmed plan due — that date drives the § 1329(c) outer limit. Are there missed payments already, and is a motion to dismiss pending? The Southern District of Indiana's own flowchart shows that a pending motion to dismiss changes which filing route applies.

Also ask what happens if modification is not viable. Conversion and dismissal are separate paths with different consequences, and they belong in the same conversation.

• Given my remaining term, what does § 1329(c) allow in this district?
• Will the trustee likely object to the payment amount I need, and why?
• Does my district require a liquidation analysis or amended Schedules I and J?
• If payments are already behind, does a pending motion to dismiss change the filing route?
• If modification is not workable, how do conversion and dismissal compare for me?

Frequently asked questions

Can I lower my Chapter 13 payment after the plan is confirmed?

A request to reduce payments is expressly among the changes 11 U.S.C. § 1329(a) permits — it allows a modification to increase or reduce the amount of payments on claims of a particular class. The request is made to the court, and the requirements of § 1325(a) still apply to the modified plan, so feasibility and creditor treatment are reviewed again. Districts commonly require amended Schedules I and J supporting the reduction.

I lost my job during Chapter 13. What is the process?

Loss of income after confirmation is one of the situations § 1329 was written for; the Middle District of Florida's procedure manual lists lowered income and loss of one income in a joint case as common reasons to modify. The route is a motion to modify the confirmed plan, generally with a proposed modified plan and updated schedules, served on the trustee and affected creditors with an objection deadline.

Who else can ask to modify my confirmed plan?

Under § 1329(a), modification may be requested by the debtor, the trustee, or the holder of an allowed unsecured claim. So a trustee or a creditor with an allowed unsecured proof of claim can file a motion too. That is why local rules require service and objection deadlines running in both directions, and why some districts require the debtor to respond with amended schedules when a trustee's motion is based on changed income.

How long can a modified plan run?

Section 1329(c) sets the ceiling. A modified plan may not provide for payments over a period expiring after the applicable commitment period under § 1325(b)(1)(B), measured from when the first payment under the original confirmed plan was due, unless the court for cause approves a longer period. Even with court approval, the period may not expire more than five years after that time.

Is there a hearing every time?

Not necessarily. Section 1329(b)(2) provides that the plan as modified becomes the plan unless the modification is disapproved after notice and a hearing, and many districts implement that through negative notice: if no timely objection is filed, the court may approve the modification without a hearing. Other districts, such as Maryland, require the movant to select a hearing date when filing.

Is a filing fee charged for a motion to modify?

The Middle District of Florida's procedure manual lists the fee for a motion to modify a confirmed Chapter 13 plan as not applicable. Separately, the Chapter 13 case filing fee itself is $235 (28 U.S.C. § 1930(a)(1)(B)) plus a $78 administrative fee (Bankruptcy Court Miscellaneous Fee Schedule, Item 8, effective December 1, 2023). Fee practices for specific motions vary, so confirm with your own court.

What is the difference between an amended plan and a modified plan?

Timing. Before confirmation, § 1323 governs and many courts call the filing an amended plan; the debtor may modify at any time before confirmation and the plan as modified becomes the plan on filing. After confirmation, § 1329 governs and courts generally require a motion to modify. Several districts, including Minnesota and Southern Indiana, use entirely different docketing events for the two.

Sources

• 11 U.S.C. § 1329 — Modification of plan after confirmation · official source
• 11 U.S.C. § 1323 — Modification of plan before confirmation · official source
• Fed. R. Bankr. P. 3015 — Chapter 12 or 13 — Time to File a Plan; Nonstandard Provisions; Objection to Confirmation; Effect of Confirmation; Modifying a Plan · official source
• Bankr. M.D. Fla. Procedure Manual — Motion to Modify Confirmed Plan
• D. Md. LBR 3015-5 — Chapter 13 — Modification of Plan After Confirmation
• Bankr. D.S.D. R. 3015-5 — Chapter 12 or Chapter 13 Modification of Plan After Confirmation
• E.D. Tenn. LBR 3015-2 — Chapter 13 — Amendments to Plans
• M.D. Ga. LBR 3015-2 — Chapter 13 — Modifications to Plan
• Bankr. M.D. Ala. R. 3015-2 — Chapter 13 — Amendments to Plans
• LAMB LBR 3015-4 — Amended and Modified Chapter 13 Plans
• Bankr. S.D. Ind. official page — Motion to Modify Chapter 12/13 Plan
• Bankr. S.D. Ind. official guidance — View flowchart for determining which event should be used
• Bankr. N.D. Miss. official guideline — Amended Procedure for Modification of Chapter 13 Plan
• Bankr. D. Minn. official guidance — Motion to Modify Chapter 12/13 Plan
• 28 U.S.C. § 1930(a)(1)(B)
• Bankruptcy Court Miscellaneous Fee Schedule, Item 8

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