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11 U.S.C. § 1192 — Discharge

Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 1192 — Discharge

If the plan of the debtor is confirmed under [section 1191(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1191/b&num=0&edition=prelim), as soon as practicable after completion by the debtor of all payments due within the first 3 years of the plan, or such longer period not to exceed 5 years as the court may fix, unless the court approves a written waiver of discharge executed by the debtor after the order for relief under this chapter, the court shall grant the debtor a discharge of all debts provided in [section 1141(d)(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1141/d/1/A&num=0&edition=prelim), and all other debts allowed under [section 503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section503&num=0&edition=prelim) and provided for in the plan, except any debt— (1) on which the last payment is due after the first 3 years of the plan, or such other time not to exceed 5 years fixed by the court; or (2) of the kind specified in [section 523(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section523/a&num=0&edition=prelim).

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Source location: Title 11, Chapter 11, § 1192; chapter-011-reorganization.md

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 101 — Definitions

In this title the following definitions shall apply: (1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized. (2) The term “affiliate” means— (A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or (D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement. (3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.11 See Adjustment of Dollar Amounts not

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 503 — Allowance of administrative expenses

**(a)** An entity may timely file a request for payment of an administrative expense, or may tardily file such request if permitted by the court for cause. **(b)** After notice and a hearing, there shall be allowed administrative expenses, other than claims allowed under [section 502(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section502/f&num=0&edition=prelim), including— (1) (A) the actual, necessary costs and expenses of preserving the estate including— (i) wages, salaries, and commissions for services rendered after the commencement of the case; and (ii) wages and benefits awarded pursuant to a judicial proceeding or a proceeding of the National Labor Relations Board as back pay attributable to any period of time occurring after commencement of the case under this title, as a result of a violation of Federal or State law by the debtor, without regard to the time of the occurrence of unlawful conduct on which such award is based or to whether any services were rendered, if the court determines that payment of wages and benefits by reason of the operation of this clause will not substantially increase the probability of layoff or termination of current employees, or of nonpayment of domestic support obligations, during the case under this title; (B) any tax— (i) incurred by the estate, whether secured or unsecured, including property taxes for which liability is in rem, in personam, or both, except a tax of a kind specified in [section 507(a)(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section507/a/8&num=0&edition=prelim); or (ii) attributable to an excessive allowance of a tentative carryback adjustment that the estate received, whether the taxable year t

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 1181 — Inapplicability of other sections

**(a) In General.—** Sections 105(d), 1101(1), 1104, 1105, 1106, 1107, 1108, 1115, 1116, 1121, 1123(a)(8), 1123(c), 1127, 1129(a)(15), 1129(b), 1129(c), 1129(e), and 1141(d)(5) of this title do not apply in a case under this subchapter. **(b) Court Authority.—** Unless the court for cause orders otherwise, paragraphs (1), (2), and (4) of section 1102(a) and sections 1102(b), 1103, and 1125 of this title do not apply in a case under this subchapter. **(c) Special Rule for Discharge.—** If a plan is confirmed under [section 1191(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1191/b&num=0&edition=prelim), [section 1141(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1141/d&num=0&edition=prelim) shall not apply, except as provided in [section 1192 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section1192&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 1192 — Discharge

Page 292 TITLE 11—BANKRUPTCY § 1192 Editorial Notes AMENDMENTS 2022—Subsec. (c)(3). Pub. L. 117–151 added par. (3) and struck out former par. (3) which read as follows: ‘‘(3)(A)(i) The debtor will be able to make all pay- ments under the plan; or ‘‘(ii) there is a reasonable likelihood that the debtor will be able to make all payments under the plan; and ‘‘(B) the plan provides appropriate remedies, which may include the liquidation of nonexempt assets, to protect the holders of claims or interests in the event that the payments are not made.’’ 2020—Subsec. (f). Pub. L. 116–260, § 320(f)(2)(A)(iii), con- tingent on its addition by Pub. L. 116–260, § 320(c), struck out subsec. (f). Text read as follows: ‘‘Notwith- standing section 1129(a)(9)(A) of this title and sub- section (e) of this section, a plan that provides for pay- ment of a claim of a kind specified in section 503(b)(10) of this title may be confirmed under subsection (b) of this section if the plan proposes to make payments on account of such claim when due under the terms of the loan giving rise to such claim.’’ Pub. L. 116–260, § 320(c), added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–151 applicable with re- spect to any case that is commenced under this title on or after Mar. 27, 2020, and with respect to a case that was commenced on or after Mar. 27, 2020, and before June 21, 2022, that is pending on June 21, 2022, see sec- tion 2(h)(2) of Pub. L. 117–151, set out as an Effective Date of 2022 Amendment; Retroactive Application note under section 101 of this title. EFFECTIVE AND TERMINATION DATES OF 2020 AMENDMENT Amendment by section 320(c) of div. N of Pub. L. 116–260 effective on the date on which the Adminis

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