How is there such a big divide in the court on this? Is the law really this unclear on the matter?
But it does include a term saying a plan "may" also "include any other appropriate provision not inconsistent with the applicable provisions of this title" - subject to the approval of a judge.
Applying the broadest possible interpretation of this catch-all wording would produce absurd results - a bankruptcy plan would be more powerful than the constitution itself. So courts have to figure out just how broad an interpretation to apply.