(a) Modification of Plan Before Confirmation. In a chapter 9 or chapter 11 case, after a plan has been accepted and before its confirmation, the proponent may file a modification of the plan. If the court finds after hearing on notice to the trustee, any committee appointed under the Code, and any other entity designated by the court that the proposed modification does not adversely change the treatment of the claim of any creditor or the interest of any equity security holder who has not accepted in writing the modification, it shall be deemed accepted by all creditors and equity security holders who have previously accepted the plan.
(b) Modification of Plan After Confirmation in Individual Debtor Case. If the debtor is an individual, a request to modify the plan under § 1127(e) of the Code is governed by Rule 9014. The request shall identify the proponent and shall be filed together with the proposed modification. The clerk, or some other person as the court may direct, shall give the debtor, the trustee, and all creditors not less than 21 days’ notice by mail of the time fixed to file objections and, if an objection is filed, the hearing to consider the proposed modification, unless the court orders otherwise with respect to creditors who are not affected by the proposed modification. A copy of the notice shall be transmitted to the United States trustee, together with a copy of the proposed modification. Any objection to the proposed modification shall be filed and served on the debtor, the proponent of the modification, the trustee, and any other entity designated by the court, and shall be transmitted to the United States trustee.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009.)
added in current removed in current
Compared to current version (2025).
(a) Modification ofying a Plan Before Confirmation. In a cChapter 9 or chapter 11 case, after a plan has been accepted and before its confirmation, the plan proponent may file a modification of the plan. If the court finds after hearing on notice to the trustee, any committee appointed under. The modification is considered accepted by any creditor or equity security holder who has accepted it in writing. For others who have not accepted it in writing but have accepted the plan, the Cmode, and any other entity designated by the court that the proposed modificationification is considered accepted if, after notice and a hearing, the court finds that it does not adversely change the treatment of their claims of any creditor or the interest of any equity security holder who has not accepted in writing the modification, it shall be deemed accepted by all creditors and equity security holders who have previously accepted the planr interests. The notice must be served on: • the trustee; • any appointed committee; and • any other entity the court designates.
(b) Modification ofying a Plan After Confirmation in an Individual Debtor Case. If the debtor’ s Chapter 11 Case.
(1) In General. When a plan isn an individual debtor’s Chapter 11 case has been confirmed, a request to modify ithe plan under § 1127(e) of the Code is governed by Rule 9014. The request shallmust identify the proponent, and shall be filed together withthe proposed modification must be filed with it.
(2) Time to File an Objection; Service.
(A) Time. Unless the court orders otherwise for creditors who are not affected by the proposed modification. T, the clerk, or some other person as the court may direct, shall-or the court’s designee-must give the debtor, the trustee, and all creditors noat less thanast 21 days’ notice, by mail, of:
(i) the time fixed to file an objections; and,
(ii) if an objection is filed, the date of a hearing to consider the proposed modification, unless the court orders otherwise with respect to creditors who are not affected by the proposed modification. A copy of the notice shall be transmitted to the United States trustee, together with a.
(B) Service. Any objection must be served on: • the debtor; • the entity proposing the modification; • the trustee; and • any other entity the court designates. A copy of the proposednotice, modification. Any, and objection to the proposed modification shall be filed and served on the debtor, the proponent of the modification, the trustee, and any other entity designated by the court, and shall be transmitted to the United Statemust also be sent to the United States trustee.
(c) Modifying a Plan After Confirmation in a Case Under Subchapter Vof Chapter 11. In a case under Subchapter V of Chapter 11, Rule 9014 governs a request to modify the plan under § 1193(b) or (c), and (b) of this trusteele applies.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Aug. 1, 1993; Apr. 23, 2008, eff. Dec. 1, 2008; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 11, 2022, eff. Dec. 1, 2022; Apr. 2, 2024, eff. Dec. 1, 2024.)