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2021 Stroock Bankruptcy Guide

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213 paragraph (ii) in Chapter VIII.E.2. above), the debtor may modify the terms of his residential mortgage under the plan so long as the final payment on the original payment schedule is due prior to the final payment under the debtor's plan. 117 11 U.S.C. § 1322(c)(2). Additionally, the debtor is permitted to cure a default on the mortgage for his primary residence at least through such time as the residence is sold at a foreclosure sale that is conducted in accordance with applicable nonbankruptcy law. 11 U.S.C. § 1322(c)(1). The legislative history indicates that Section 1322(c)(1) is intended to be permissive rather than restrictive. Thus, if a State provides a debtor with more extensive "cure" rights than what is in the Bankruptcy Code, the debtor would still be entitled to those rights in bankruptcy. 4. Pre-Confirmation Modification of the Plan The debtor may modify a Chapter 13 plan at any time prior to confirmation so long as the modified plan, which becomes the plan once it has been filed, complies with the requirements of Section 1322 (see discussion above). 11 U.S.C. § 1323(a)–(b). A secured creditor's original acceptance or rejection of the plan remains binding after the filing of a modified plan unless the modification provides for a change in the rights of such creditor from what they were under the plan prior to modification and such holder changes its vote. 11 U.S.C. § 1323(c). F. Confirmation of Plan 1. Confirmation Hearing A confirmation hearing is required in Chapter 13 cases, and any party in interest may object to the plan. 11 U.S.C. § 1324(a). The confirmation hearing may be held not earlier than twenty days and not later than forty-five days after the date of the Section 341 meeting of creditors (discussed above in Chapter III.H.2.) unless 117 The plan will also have to comply with the confirmation requirements with respect to secured creditors in Section 1325(a)(5) of the Bankruptcy Code, discussed below in Chapter VIII.F.2.

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