What can a Chapter 13 Plan do §1322 (b) of the Bankruptcy Code

What can a Chapter 13 Plan do §1322 (b) of the Bankruptcy Code

A chapter 13 plan is required to do many things as outlined in §1322 (a). Also, there is a list of optional provisions contained in §1322 (b). Here is what you may do:

(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.

Categories