§ 9.10.1 Plan Requirements. A plan in a chapter 12 or 13 case may provide for payments over a 3-year period. The plan term can be extended to up to 5 years upon a showing of cause. 11 U.S.C. §§ 1222(c), 1322(c) . See In re Flores, 735 F.3d 855 (9th Cir. 2013) (a bankruptcy court may confirm a chapter 13 plan only if the plan’s duration is at least as long as the applicable commitment period, even if the debtor has no projected income) (overruling In re Kagenveama, 541 F.3d 868 (9th Cir. 2008) );In re Serna, 193 B.R. 537 (Bankr. D. Ariz. 1996) (Case, J.) (plan term begins to run from first payment due after confirmation).
A chapter 12 or 13 plan can protect a co-debtor on consumer debts, modify secured and unsecured claims, and provide for the curing or waiving of any default. 11 U.S.C. §§ 1222, 1322 . The requirements for confirmation of plans under chapters 12 and 13 are similar. Both chapters 12 and 13 provide only for the debtor to file a plan. 11 U.S.C. §§ 1221, 1321 . There is no disclosure statement. Creditors may object to, but do not vote on, the plan. 11 U.S.C. §§ 1225, 1325 .
Under chapters 12 and 13, a plan may be confirmed if it meets the following requirements:
1. Compliance with Code. The plan must comply with the applicable provisions of the chapter and Code. 11 U.S.C. §§ 1225(a)(1), 1325(a)(1) .
2. Payment of Priority Claims. The debtor must pay all claims entitled to priority under 11 U.S.C. § 507. 11 U.S.C. § 1322(a)(2) . Congress amended the bankruptcy code to provide that nondischargeable maintenance and support obligations are priority claims, and thus entitled to full payment in Chapter 13 plans. 11 U.S.C. §§ 1322(a)(2), 507(a)(7) .
3. Payment of fees. The debtor must pay any fees due to the United States trustee’s office before confirmation. 11...
