source:
  type: regulation
  id: bankruptcy-11usc-1322
  authority: 11 U.S.C. §1322 — Contents of plan (Chapter 13)
  description: '11 U.S.C. §1322 sets the mandatory and permissive contents of a

    Chapter 13 repayment plan. Critically for mortgage servicers, §1322(b)(2)

    prohibits modification of a claim secured only by a security interest

    in the debtor''s principal residence (the anti-modification rule), and

    §1322(b)(5) allows the debtor to cure defaults and maintain ongoing

    payments on a long-term mortgage. §1322(c) and (e) further specify how

    default cures are calculated and timed.

    '
obligations:
- id: bankruptcy-11usc-1322-a
  canonical_id: bankruptcy-11usc-1322-a
  section: 11 U.S.C. §1322(a)
  description: '(a): (a) The plan— (1) shall 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) shall provide for the full payment, in deferred cash
    payments, of all cla…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 11 U.S.C. §1322(b)(2)
    source_class: bankruptcy-statute
    source_url: https://www.law.cornell.edu/uscode/text/11/1322
    snapshot_id: 24141e007b4515c6
    fetched_at: '2026-05-22T11:32:22Z'
    content_hash: sha256:3ce1478768bf37aa2ca6d5693a740ad3da3371338ba59326bc73e9800e0afdcf
    paragraph_quote: (a) The plan— (1) shall 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) shall 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; (3) if the plan classifies
      claims, shall provide the same treatment for each claim within a particular class; and (4) notwithstanding
      any other provision of this section, 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.
    drafter_attestation: Verbatim subsection of 11 U.S.C. §1322 from Cornell LII snapshot 24141e007b4515c6;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: bankruptcy-11usc-1322-b
  canonical_id: bankruptcy-11usc-1322-b
  section: 11 U.S.C. §1322(b)
  description: '(b): (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 de…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 11 U.S.C. §1322(b)(2)
    source_class: bankruptcy-statute
    source_url: https://www.law.cornell.edu/uscode/text/11/1322
    snapshot_id: 24141e007b4515c6
    fetched_at: '2026-05-22T11:32:22Z'
    content_hash: sha256:3ce1478768bf37aa2ca6d5693a740ad3da3371338ba59326bc73e9800e0afdcf
    paragraph_quote: (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.
    drafter_attestation: Verbatim subsection of 11 U.S.C. §1322 from Cornell LII snapshot 24141e007b4515c6;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: bankruptcy-11usc-1322-c
  canonical_id: bankruptcy-11usc-1322-c
  section: 11 U.S.C. §1322(c)
  description: '(c): (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 ac…'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 11 U.S.C. §1322(b)(2)
    source_class: bankruptcy-statute
    source_url: https://www.law.cornell.edu/uscode/text/11/1322
    snapshot_id: 24141e007b4515c6
    fetched_at: '2026-05-22T11:32:22Z'
    content_hash: sha256:3ce1478768bf37aa2ca6d5693a740ad3da3371338ba59326bc73e9800e0afdcf
    paragraph_quote: (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 .
    drafter_attestation: Verbatim subsection of 11 U.S.C. §1322 from Cornell LII snapshot 24141e007b4515c6;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: bankruptcy-11usc-1322-d
  canonical_id: bankruptcy-11usc-1322-d
  section: 11 U.S.C. §1322(d)
  description: '(d): (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; (B) in the case of a debtor in a household
    of 2, 3, or…'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 11 U.S.C. §1322(b)(2)
    source_class: bankruptcy-statute
    source_url: https://www.law.cornell.edu/uscode/text/11/1322
    snapshot_id: 24141e007b4515c6
    fetched_at: '2026-05-22T11:32:22Z'
    content_hash: sha256:3ce1478768bf37aa2ca6d5693a740ad3da3371338ba59326bc73e9800e0afdcf
    paragraph_quote: (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; (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; 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, plus $525 [1] 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; (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; 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, plus $525 1 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.
    drafter_attestation: Verbatim subsection of 11 U.S.C. §1322 from Cornell LII snapshot 24141e007b4515c6;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: bankruptcy-11usc-1322-e
  canonical_id: bankruptcy-11usc-1322-e
  section: 11 U.S.C. §1322(e)
  description: '(e): (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.'
  type: do
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 11 U.S.C. §1322(b)(2)
    source_class: bankruptcy-statute
    source_url: https://www.law.cornell.edu/uscode/text/11/1322
    snapshot_id: 24141e007b4515c6
    fetched_at: '2026-05-22T11:32:22Z'
    content_hash: sha256:3ce1478768bf37aa2ca6d5693a740ad3da3371338ba59326bc73e9800e0afdcf
    paragraph_quote: (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.
    drafter_attestation: Verbatim subsection of 11 U.S.C. §1322 from Cornell LII snapshot 24141e007b4515c6;
      body isolated between nav and notes; substring-verified.
  judgment: false
- id: bankruptcy-11usc-1322-f
  canonical_id: bankruptcy-11usc-1322-f
  section: 11 U.S.C. §1322(f)
  description: '(f): (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. ( Pub. L. 95–598 , Nov. 6, 1978 , 92 Stat. 2648 ; Pub. L. 98–353, title III , §§ 316, 528, July
    10, 1984 , …'
  type: dont
  tags:
  - regulator-direct
  - section-complete
  - usc-statute
  primary_source:
    tier: 1
    authority: 11 U.S.C. §1322(b)(2)
    source_class: bankruptcy-statute
    source_url: https://www.law.cornell.edu/uscode/text/11/1322
    snapshot_id: 24141e007b4515c6
    fetched_at: '2026-05-22T11:32:22Z'
    content_hash: sha256:3ce1478768bf37aa2ca6d5693a740ad3da3371338ba59326bc73e9800e0afdcf
    paragraph_quote: '(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. ( Pub. L. 95–598 , Nov. 6, 1978 , 92 Stat. 2648 ; Pub. L. 98–353, title III , §§ 316, 528,
      July 10, 1984 , 98 Stat. 356 , 389; Pub. L. 103–394, title III , §§ 301, 305(c), Oct. 22, 1994 ,
      108 Stat. 4131 , 4134; Pub. L. 109–8, title II , §§ 213(8), (9), 224(d), title III, § 318(1), Apr.
      20, 2005 , 119 Stat. 53 , 65, 93; Pub. L. 111–327, § 2(a)(43) , Dec. 22, 2010 , 124 Stat. 3562 .)
      [1] See Adjustment of Dollar Amounts notes below. Historical and Revision Notes legislative statements
      Section 1322(b)(2) of the House amendment represents a compromise agreement between similar provisions
      in the House bill and Senate amendment. Under the House amendment, the plan may modify the rights
      of holders of secured claims other than a claim secured by a security interest in real property
      that is the debtor’s principal residence. It is intended that a claim secured by the debtor’s principal
      residence may be treated with under section 1322(b)(5) of the House amendment. Section 1322(c) adopts
      a 5-year period derived from the House bill in preference to a 4-year period contained in the Senate
      amendment. A conforming change is made in section 1329(c) adopting the provision in the House bill
      in preference to a comparable provision in the Senate amendment. Tax payments in wage earner plans:
      The House bill provided that a wage earner plan had to provide that all priority claims would be
      paid in full. The Senate amendment contained a special rule in section 1325(c) requiring that Federal
      tax claims must be paid in cash, but that such tax claims can be paid in deferred cash installments
      under the general rules applicable to the payment of debts in a wage earner plan, unless the Internal
      Revenue Service negotiates with the debtor for some different medium or time for payment of the
      tax liability. The House bill adopts the substance of the Senate amendment rule under section 1322(a)(2)
      of the House amendment. A wage earner plan must provide for full payment in deferred cash payments,
      of all priority claims, unless the holder of a particular claim agrees with a different treatment
      of such claim. senate report no. 95–989 Chapter 13 is designed to serve as a flexible vehicle for
      the repayment of part or all of the allowed claims of the debtor. Section 1322 emphasizes that purpose
      by fixing a minimum of mandatory plan provisions. Subsection (a) requires that the plan submit whatever
      portion of the future income of the debtor is necessary to implement the plan to the control of
      the trustee, mandates payment in full of all section 507 priority claims, and requires identical
      treatment for all claims of a particular class. Subsection (b) permits a chapter 13 plan to (1)
      divide unsecured claims not entitled to priority under section 507 into classes in the manner authorized
      for chapter 11 claims; (2) modify the rights of holders of secured and unsecured claims, except
      claims wholly secured by real estate mortgages; (3) cure or waive any default; (4) propose payments
      on unsecured claims concurrently with payments on any secured claim or any other class of unsecured
      claims; (5) provide for curing any default on any secured or unsecured claim on which the final
      payment is due after the proposed final payment under the plan; (6) provide for payment of any allowed
      postpetition claim; (7) assume or reject any previously unrejected executory contract or unexpired
      lease of the debtor; (8) propose the payment of all or any part of any claim from property of the
      estate or of the debtor; (9) provide for the vesting of property of the estate; and (10) include
      any other provision not inconsistent with other provisions of title 11. Subsection (c) limits the
      payment period under the plan to 3 years, except that a 4–year payment period may be permitted by
      the court.'
    drafter_attestation: Verbatim subsection of 11 U.S.C. §1322 from Cornell LII snapshot 24141e007b4515c6;
      body isolated between nav and notes; substring-verified.
  judgment: false
