2015 US Code
Title 11 - Bankruptcy (Sections 101 - 1532)
Chapter 9 - Adjustment of Debts of a Municipality (Sections 901 - 946)
Subchapter III - The Plan (Sections 941 - 946)
Sec. 944 - Effect of confirmation
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 11 - BANKRUPTCY |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 11 - BANKRUPTCY CHAPTER 9 - ADJUSTMENT OF DEBTS OF A MUNICIPALITY SUBCHAPTER III - THE PLAN Sec. 944 - Effect of confirmation |
Contains | section 944 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2624. |
Statutes at Large Reference | 92 Stat. 2624 |
Public and Private Law | Public Law 95-598 |
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(a) The provisions of a confirmed plan bind the debtor and any creditor, whether or not—
(1) a proof of such creditor's claim is filed or deemed filed under section 501 of this title;
(2) such claim is allowed under section 502 of this title; or
(3) such creditor has accepted the plan.
(b) Except as provided in subsection (c) of this section, the debtor is discharged from all debts as of the time when—
(1) the plan is confirmed;
(2) the debtor deposits any consideration to be distributed under the plan with a disbursing agent appointed by the court; and
(3) the court has determined—
(A) that any security so deposited will constitute, after distribution, a valid legal obligation of the debtor; and
(B) that any provision made to pay or secure payment of such obligation is valid.
(c) The debtor is not discharged under subsection (b) of this section from any debt—
(1) excepted from discharge by the plan or order confirming the plan; or
(2) owed to an entity that, before confirmation of the plan, had neither notice nor actual knowledge of the case.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2624.)
HISTORICAL AND REVISION NOTESSENATE REPORT NO. 95–989[Section 947] Subsection (a) [enacted as section 944(a)] makes the provisions of a confirmed plan binding on the debtor and creditors. It is derived from section 95(a) of chapter 9 [section 415(a) of former title 11].
Subsections (b) and (c) [enacted as section 944(b) and (c)] provide for the discharge of a municipality. The discharge is essentially the same as that granted under section 95(b) of the Bankruptcy Act [section 415(b) of former title 11].
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