MOTION TO MODIFY CHAPTER 13 PLAN

Pursuant to 11 U.S.C. Section 1329

UNITED STATES BANKRUPTCY COURT

[DISTRICT NAME]

In re:

[DEBTOR NAME(S)],

Debtor(s).

Case No.: _________________
Chapter: 13

DEBTOR'S MOTION TO MODIFY CONFIRMED CHAPTER 13 PLAN

Pursuant to 11 U.S.C. Section 1329

[DEBTOR NAME(S)] ("Debtor(s)"), by and through undersigned counsel, respectfully move(s) this Court for an Order modifying the confirmed Chapter 13 Plan, and in support thereof state(s) as follows:

I. JURISDICTION AND VENUE

1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. Sections 157 and 1334.

2. This is a core proceeding under 28 U.S.C. Section 157(b)(2)(L).

3. Venue is proper in this District pursuant to 28 U.S.C. Section 1409.

II. BACKGROUND

4. On [FILING DATE], the Debtor(s) filed a voluntary petition for relief under Chapter 13 of the Bankruptcy Code.

5. On [CONFIRMATION DATE], this Court entered an Order confirming the Debtor(s)' Chapter 13 Plan ("Confirmed Plan").

6. The Confirmed Plan provides for monthly payments of $[AMOUNT] for [NUMBER] months.

7. As of the date of this Motion, the Debtor(s) have made [NUMBER] payments totaling $[AMOUNT] under the Confirmed Plan.

8. The current plan is scheduled to complete on approximately [DATE].

III. REASON FOR MODIFICATION

9. The Debtor(s) seek to modify the Confirmed Plan due to the following change in circumstances:

☐ Decrease in Income
- Previous monthly income: $[AMOUNT]
- Current monthly income: $[AMOUNT]
- Reason: _________________________________

☐ Increase in Income
- Previous monthly income: $[AMOUNT]
- Current monthly income: $[AMOUNT]
- Reason: _________________________________

☐ Increase in Expenses
- Nature of increased expense: _________________________________
- Amount of increase: $[AMOUNT] per month
- Reason: _________________________________

☐ Decrease in Expenses
- Nature of decreased expense: _________________________________
- Amount of decrease: $[AMOUNT] per month
- Reason: _________________________________

☐ Change in Secured Debt
- Nature of change: _________________________________
- Impact on plan: _________________________________

☐ Payoff of Secured Debt
- Debt paid off: _________________________________
- Monthly payment freed: $[AMOUNT]

☐ New Debt Incurred (with Court approval)
- Nature of new debt: _________________________________
- Monthly payment: $[AMOUNT]

☐ Change in Claim Amount
- Creditor: _________________________________
- Original scheduled amount: $[AMOUNT]
- Allowed claim amount: $[AMOUNT]

☐ Other:
_________________________________
_________________________________

IV. CURRENT PLAN TERMS (CONFIRMED PLAN)

4.1 Payment Terms

4.2 Treatment of Claims

V. PROPOSED MODIFIED PLAN TERMS

5.1 Payment Terms

5.2 Specific Modifications Requested

☐ Modify Plan Payment Amount

☐ Extend Plan Term
- Current completion date: _________________________________
- Proposed completion date: _________________________________
- Total months: _____ (not to exceed 60 months)

☐ Shorten Plan Term
- Current completion date: _________________________________
- Proposed completion date: _________________________________

☐ Modify Treatment of Secured Claim
- Creditor: _________________________________
- Current treatment: _________________________________
- Proposed treatment: _________________________________

☐ Modify Unsecured Dividend
- Current dividend: _____%
- Proposed dividend: _____%

☐ Add New Secured Debt to Plan
- Creditor: _________________________________
- Collateral: _________________________________
- Amount: $_____________
- Monthly payment: $_____________

☐ Other Modification:
_________________________________

VI. COMPARATIVE ANALYSIS

6.1 Income Comparison

6.2 Expense Comparison

6.3 Disposable Income Comparison

VII. SUPPORTING DOCUMENTATION

The following documentation is attached or will be provided:

☐ Exhibit A: Updated Schedule I (Income)
☐ Exhibit B: Updated Schedule J (Expenses)
☐ Exhibit C: Current pay stubs (60 days)
☐ Exhibit D: Documentation of changed circumstances
☐ Exhibit E: Updated Means Test (Form 122C) if applicable
☐ Exhibit F: Proposed Modified Plan
☐ Exhibit G: Comparison chart of current vs. proposed plan

VIII. PLAN MODIFICATION REQUIREMENTS

Reference: 11 U.S.C. Section 1329(b)

The proposed Modified Plan satisfies the requirements of Section 1329(b) and continues to meet the confirmation standards of Section 1325(a):

8.1 Good Faith - Section 1325(a)(3)

☐ The proposed modification is made in good faith and not by any means forbidden by law.

8.2 Best Interests Test - Section 1325(a)(4)

☐ Under the Modified Plan, unsecured creditors will receive not less than they would receive in a Chapter 7 liquidation.

Liquidation Value: $_____________
Proposed Payment to Unsecured: $_____________

8.3 Feasibility - Section 1325(a)(6)

☐ The Debtor(s) will be able to make all payments under the Modified Plan.

8.4 Disposable Income - Section 1325(b)

☐ The Modified Plan provides for payment of all projected disposable income

8.5 Plan Duration - Section 1329(c)

☐ The Modified Plan will not extend beyond 60 months from the date of the first payment under the original confirmed plan.

First Payment Date: _________________________________
Maximum End Date (60 months): _________________________________
Proposed End Date: _________________________________

IX. LEGAL ARGUMENT

A. Authority to Modify

10. Section 1329(a) of the Bankruptcy Code provides that at any time after confirmation of the plan but before completion of payments, the debtor may request modification of the plan 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..."

B. Changed Circumstances Support Modification

11. [EXPLAIN HOW THE CHANGED CIRCUMSTANCES SUPPORT THE REQUESTED MODIFICATION]

C. Compliance with Confirmation Standards

12. As demonstrated above, the proposed Modified Plan satisfies all applicable requirements for confirmation under Section 1325, as required by Section 1329(b)(1).

X. RELIEF REQUESTED

WHEREFORE, the Debtor(s) respectfully request(s) that this Court:

1. Enter an Order modifying the Confirmed Plan as set forth herein;

2. Approve the Modified Plan payment of $[AMOUNT] per month for the remaining [NUMBER] months of the plan;

3. Grant such other and further relief as the Court deems just and proper.

Dated: ____/____/________

Respectfully submitted,

_________________________________
[ATTORNEY NAME]
[STATE BAR NUMBER]
[FIRM NAME]
[ADDRESS]
[TELEPHONE]
[EMAIL]
Attorney for Debtor(s)

PROPOSED ORDER

[COURT HEADER]

ORDER GRANTING MOTION TO MODIFY CONFIRMED CHAPTER 13 PLAN

Upon consideration of Debtor(s)' Motion to Modify Confirmed Chapter 13 Plan, and after notice to creditors and parties in interest, and no objections having been filed [or objections having been resolved], and good cause appearing;

IT IS HEREBY ORDERED:

1. The Motion is GRANTED.

2. The Confirmed Plan is hereby modified as follows:

a. The monthly plan payment is modified to $[AMOUNT] per month, effective [DATE].

b. The plan term is modified to [NUMBER] months from the first payment date.

c. [OTHER SPECIFIC MODIFICATIONS]

3. All other terms of the Confirmed Plan remain in full force and effect.

4. The Chapter 13 Trustee shall administer the Modified Plan accordingly.

Dated: ____/____/________

_________________________________
United States Bankruptcy Judge

CERTIFICATE OF SERVICE

I hereby certify that on [DATE], a true and correct copy of the foregoing Motion to Modify Confirmed Chapter 13 Plan was served upon the following parties by:

☐ Electronic filing (CM/ECF) on all registered users
☐ U.S. First Class Mail on non-ECF parties

Chapter 13 Trustee
[NAME]
[ADDRESS]

Office of the United States Trustee
[ADDRESS]

All Creditors per Matrix

_________________________________
[ATTORNEY NAME]

Template Version 1.0 - Updated January 2026
References: 11 U.S.C. Sections 1325, 1329; Fed. R. Bankr. P. 3015