§ 72.4     Who Can File Plan?
Cite as:    Keith M. Lundin, Lundin On Chapter 13, § 72.4, at ¶ ____, LundinOnChapter13.com (last visited __________).

Only the Chapter 13 debtor can file a plan.1 The debtor, trustee and allowed unsecured claim holders can move to modify the plan after confirmation.2


Although the bankruptcy judge is not listed in the Code as a party who can file a plan, it is not so uncommon in Chapter 13 practice that debtors’ counsel find themselves litigating the contents of the plan with the court notwithstanding the absence of an objection from the trustee or a creditor.3 It is not that the bankruptcy judge actually “files” a plan, but the effect is similar—the debtor has to accept the court’s view of what the plan must provide or face the consequences of the denial of confirmation. Recent decisions indicate that a Chapter 13 debtor can accede to the bankruptcy judge’s idea of what the plan should say and then appeal the provision(s) that were forced on the debtor.4


1  11 U.S.C. § 1321. See § 55.1 [ Debtor Must File a Plan ] § 51.2  Debtor Must File a Plan.


2  11 U.S.C. § 1329(a). See § 253.1 [ Standing, Timing and Procedure ] § 126.1  Standing, Timing and Procedure.


3  See, e.g., § 219.1 [ Standing to Object ] § 116.1  Standing to Object.


4  See § 225.1 [ Appeal of Grant or Denial of Confirmation ] § 117.4  Appeal of Grant or Denial of Confirmation.