11 U.S.C. § 1195 — Transactions with professionals

Page 293 TITLE 11—BANKRUPTCY § 1201 shall be retained by the trustee until confirma- tion or denial of confirmation of a plan. If a plan is confirmed, the trustee shall distribute any such payment in accordance with the plan. If a plan is not confirmed, the trustee shall return any such payments to the debtor after deduct- ing— (1) any unpaid claim allowed under section 503(b) of this title; (2) any payment made for the purpose of pro- viding adequate protection of an interest in property due to the holder of a secured claim; and (3) any fee owing to the trustee. (b) OTHER PLANS.—If a plan is confirmed under section 1191(b) of this title, except as otherwise provided in the plan or in the order confirming the plan, the trustee shall make payments to creditors under the plan. (c) PAYMENTS PRIOR TO CONFIRMATION.—Prior to confirmation of a plan, the court, after notice and a hearing, may authorize the trustee to make payments to the holder of a secured claim for the purpose of providing adequate protection of an interest in property. (Added Pub. L. 116–54, § 2(a), Aug. 23, 2019, 133 Stat. 1084.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Aug. 23, 2019, see sec- tion 5 of Pub. L. 116–54, set out as an Effective Date of 2019 Amendment note under section 101 of this title. § 1195. Transactions with professionals Notwithstanding section 327(a) of this title, a person is not disqualified for employment under section 327 of this title, by a debtor solely be- cause that person holds a claim of less than $10,000 that arose prior to commencement of the case. (Added Pub. L. 116–54, § 2(a), Aug. 23, 2019, 133 Stat. 1084.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 180 days after Aug. 23, 2019, see sec- tion 5 of Pub. L. 116–54, set out as an Effective Date of 2019 Amendment note under section 101 of this title. CHAPTER 12—ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME SUBCHAPTER I—OFFICERS, ADMINISTRATION, AND THE ESTATE Sec. 1201. Stay of action against codebtor. 1202. Trustee. 1203. Rights and powers of debtor. 1204. Removal of debtor as debtor in possession. 1205. Adequate protection. 1206. Sales free of interests. 1207. Property of the estate. 1208. Conversion or dismissal. SUBCHAPTER II—THE PLAN 1221. Filing of plan. 1222. Contents of plan. 1223. Modification of plan before confirmation. Sec. 1224. Confirmation hearing. 1225. Confirmation of plan. 1226. Payments. 1227. Effect of confirmation. 1228. Discharge. 1229. Modification of plan after confirmation. 1230. Revocation of an order of confirmation. 1231. Special tax provisions. 1232. Claim by a governmental unit based on the disposition of property used in a farming operation. Editorial Notes CODIFICATION Chapter repealed effective Oct. 1, 1998, by Pub. L. 99–554, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3124, as amended by Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311. Chapter, as in effect on Sept. 30, 1998, reenacted for the period beginning on Oct. 1, 1998, and ending on Apr. 1, 1999, by Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610. Chapter reenacted for successive periods running from Mar. 31, 1999, to July 1, 2005, by Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610, as successively amended by Pub. L. 106–5, Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814, May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2, Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2, Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2, Oct. 25, 2004, 118 Stat. 1749. Chapter, as in effect on June 30, 2005, permanently re- enacted effective July 1, 2005, by Pub. L. 109–8, title X, § 1001(a), Apr. 20, 2005, 119 Stat. 185. See Repeal, Reen- actment, and Termination of Chapter and Effective Date notes set out under section 1201 of this title. AMENDMENTS 2017—Pub. L. 115–72, div. B, § 1005(b)(2), Oct. 26, 2017, 131 Stat. 1234, added item 1232. Item was added to anal- ysis for this chapter to reflect the probable intent of Congress, notwithstanding directory language adding item to analysis for subchapter II of this chapter. 2005—Pub. L. 109–8, title X, § 1007(c)(1), Apr. 20, 2005, 119 Stat. 188, inserted ‘‘OR FISHERMAN’’ after ‘‘FAM- ILY FARMER’’ in chapter heading. SUBCHAPTER I—OFFICERS, ADMINISTRATION, AND THE ESTATE § 1201. Stay of action against codebtor (a) Except as provided in subsections (b) and (c) of this section, after the order for relief under this chapter, a creditor may not act, or commence or continue any civil action, to col- lect all or any part of a consumer debt of the debtor from any individual that is liable on such debt with the debtor, or that secured such debt, unless— (1) such individual became liable on or se- cured such debt in the ordinary course of such individual’s business; or (2) the case is closed, dismissed, or converted to a case under chapter 7 of this title. (b) A creditor may present a negotiable instru- ment, and may give notice of dishonor of such an instrument. (c) On request of a party in interest and after notice and a hearing, the court shall grant relief from the stay provided by subsection (a) of this section with respect to a creditor, to the extent that— (1) as between the debtor and the individual protected under subsection (a) of this section,