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2021 Stroock Bankruptcy Guide

Issue link: https://mbozikis.ufcontent.com/i/1422521

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211 support obligation only if the plan provides that all of the debtor's projected disposable income for a five- year period beginning on the date that the first payment is due under the plan will be applied to make payments under the plan. 11 U.S.C. ยง 1322(a). 2. Permissive Plan Provisions In addition to the mandatory provisions described above, a Chapter 13 plan may also: (i) designate an administrative convenience class (see discussion in Chapter VI.F.2. above) but may not discriminate unfairly against any such class (provided that the plan may treat claims for a consumer debt differently than other unsecured claims if there is a codebtor for such consumer debt); (ii) modify the rights of holders of secured claims, other than a claim secured by a mortgage on the debtor's principal residence, or of holders of unsecured claims, or leave unaffected the rights of holders of any class of claims; (iii) provide for the curing or waiving of any default; (iv) provide for payments on any unsecured claim to be made concurrently with payments on any secured claim or any other unsecured claim; (v) notwithstanding paragraph (ii) above, provide for the curing of any default within a reasonable time and maintenance of payments while the case is pending on any unsecured or secured claim on which the final payment is due after the date on which the final plan payment is due;

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